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Interpretation Response #15-0054 ([Intrepid Coatings, Inc] [Mr. Robert D. Commisso])

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

Interpretation Response Details

Response Publish Date:

Company Name: Intrepid Coatings, Inc

Individual Name: Mr. Robert D. Commisso

Location State: AZ Country: US

View the Interpretation Document

Response text:

August 12, 2015

Mr. Robert D. Commisso
Intrepid Coatings, Inc.
1910 East Riverview Drive
Phoenix, AZ 85034

Ref. No. 15-0054

Dear Mr. Commisso:

This is a response to your March 13, 2015 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) with regard to the transportation of aerosol paint under § 173.306. Specifically, you request confirmation that you are not required to perform the hot water bath test prescribed in § 173.306(a)(3)(v). In your email, you state that you purchase aerosol "blanks" containing propellant from the manufacturer. Your company fills the aerosols with paint. You state that the manufacturer indicated that you are not required to re-perform the hot water bath test as they have previously completed the test on representative samples filled with the same paint material. You request confirmation that this is correct.

The answer is no. In accordance with § 173.306(a)(3)(v), each container, after it is filled, must be subjected to the hot water bath test. A previously tested representative sample container or batch would not satisfy this requirement, as each container is subject to the test as prepared for shipment. Therefore, you are required to perform a hot water bath test prior to shipping the completed aerosol.

It should be noted that on January 30, 2015, PHMSA published a Notice of Proposed Rulemaking (NPRM) in the Federal Register, titled "Hazardous Materials: Adoption of Special Permits (MAP–21) (RRR);" (Docket No. PHMSA–2013–0042 (HM–233F); 80 FR 5340). This NPRM proposed to incorporate into the HMR several longstanding special permits, including those related to alternatives to the hot water bath test requirements for aerosols. The comment period for the NPRM closed on March 31, 2015, but please be advised that the regulations for hot water bath testing of aerosols may be revised to incorporate regulatory flexibility for this requirement. PHMSA is currently reviewing comments to the NPRM and working towards a final rulemaking.

I hope this information is helpful. If you have any more questions, please do not hesitate to contact this office.



Dirk Der Kinderen
Acting Chief, Standards Development
Standards and Rulemaking Division

173.306, 173.306(a)(3)(v)

Regulation Sections

Section Subject
173.306 Limited quantities of compressed gases