Q1. You ask whether Individual Operational Rations packed with an FRH that contains 8 grams of magnesium alloy or less is subject to the HMR as a hazardous material.

A1. PHMSA regulates the transportation in commerce of materials in an “amount and form [that] may pose an unreasonable risk to health and safety or property.” 49 U.S.C 5103, as delegated to PHMSA in 49 C.F.R 1.53(b). This Office determined in Ref. No. 08-0046 that an MRE packed with an FRH containing 8 grams or less of magnesium alloy is not in a quantity and form that poses an unreasonable risk to health, safety, or property during transportation regardless of the number of MREs in a package. This interpretation remains valid. Therefore, Individual Operational Rations, such as MREs, are not subject to the HMR. Please note that this determination does not apply to FRH devices shipped separately from Individual Operational Rations that are not hermetically sealed or to FRH devices containing more than 8 grams of magnesium alloy, which must be shipped in conformance with the applicable requirements of the HMR.

Q2. You ask if an SDS for the magnesium alloy needs to accompany shipments of MREs that contain an FRH.

A2. The HMR does not require an SDS to accompany a shipment of hazardous materials. In addition, based on the above determination, no other documentation or hazard communication requirements of the HMR apply.