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Interpretation Response #14-0020 ([Thunder Mountain (ThndrMntn™)] [Mr. William Gairloch])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: Thunder Mountain (ThndrMntn™)

Individual Name: Mr. William Gairloch

Location State: PA Country: US

View the Interpretation Document

Response text:

April 7, 2014

Mr. William Gairloch
Thunder Mountain (ThndrMntn™)
295 Burris Road
Bellefonte, PA 16823

Ref. No. 14-0020

Dear Mr. Gairloch:

This responds to your January 23, 2014 email requesting clarification on the classification of a hazardous material under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  The product of concern is an insect repellant pump spray (non-aerosol) (up to 4 oz.) containing the active ingredient N,N-Diethyl-m-toluamide (DEET).  You provide a copy of the safety data sheet (SDS) from the manufacturer of the product and you request a determination whether the spray is hazardous and subject to regulation especially for air transportation.

In accordance with § 173.22, it is the shipper’s responsibility to properly classify a hazardous material.  This Office does not perform the classification function.  With regard to the SDS provided, PHMSA is concerned about the limited information contained therein to rely on for classification.  We also note that the SDS you provided includes information that the flash point of the material is “greater than 170°F” rather than a specified measurement.  In accordance with § 173.120(b), a material that does not meet the definition of any other hazard class and has a flash point of above 140°F and below 200°F is a combustible liquid regulated under the HMR.  Thus, based on the SDS, your material could be classed as a combustible liquid.  However, in accordance with § 173.150(f)(2), the requirements of the HMR do not apply to a material classed as a combustible liquid in a non-bulk packaging.  A 4-oz. container fits the category of non-bulk packaging.  Furthermore, based on our understanding of the properties of DEET, it is the opinion of this Office that a pump spray consisting of 98% DEET and its isomers (<2%) would not meet the definition of a hazardous material, and not be subject to regulation under the HMR.  However, we note again that ultimately it is the shipper’s responsibility to properly classify a material as hazardous in accordance with the HMR.

I hope this information is helpful.  If you have further questions, please contact this office.

Sincerely,

Robert Benedict
Chief, Standards Development Branch
Standards and Rulemaking Division
173.22

Regulation Sections

Section Subject
173.22 Shipper's responsibility