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Interpretation Response #98-0563 ([STC Technologies, Inc.] [R. Sam Niedbala, Ph.D.,BCFE])

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

Interpretation Response Details

Response Publish Date:

Company Name: STC Technologies, Inc.

Individual Name: R. Sam Niedbala, Ph.D.,BCFE

Location State: PA Country: US

View the Interpretation Document

Response text:

MAY 15, 1998


R. Sam Niedbala, Ph.D.,BCFE
Executive Vice President
STC Technologies, Inc.
1745 Eaton Avenue
Bethlehem, Pennsylvania 18018

Dear Dr. Niedbala:

This responds to your letter of April 27, 1998, addressed to Mr. Edward Mazzullo, Director, Office of Hazardous Materials Standards, concerning limited quantity shipments of compressed gases .. Specifically~ you' request confirmation that your Histofreezer® device qualifies to be shipped as a limited quantity under § 173.306 of the Hazardous Materials Regulations (HMRi 49 CFR Parts 171-180).

In your letter, you describe the Histofreezer® device as a metal canister containing 90 milliliters (3.16 oz.) of liquefied gas. The liquefied gas is a mixture consisting of 75 percent dimethyl ether and 25 percent propane.

Your understanding is correct. The Histofreezer® device, consisting of a mixture of liquefied compressed gases in a container of not more than four fluid ounces capacity, meets the definition for a limited quantity under § 173.306(a) (1) of the HMR and is therefore exempt from specification packaging requirements and from labeling requirements, except when offered for transportation by air.

You may also wish to take advantage of certain exceptions to the regulations available for shipments of consumer commodities. A consumer commodity, defined in § 171.8 of the HMR, is a material that is packaged and distributed in a form intended or suitable for sale through retail sales agencies or instrumentalities for consumption by individuals for purposes of personal care or household use. This definition includes drugs and medicines. Products' that meet the definition of consumer commodity in

§ 171.8 and that conform to the packaging requirements of

§ 173.306 may be renamed "consumer commodity" and reclassed as ORM-D material. Packages of ORM-D material must be marked "Consumer Commodity, ORM-D" in accordance with § 172.316.

Shipments of ORM-D materials are not subject to the shipping paper requirements of Subpart C of Part 172 of the HMR unless the material meets the definition of a hazardous substance or hazardous waste or unless offered for transportation by air.

I hope this satisfies your request.



Thomas G. Allan
Senior Transportation Regulations Specialist
Office of Hazardous Materials Standards

Regulation Sections

Section Subject
173.306 Limited quantities of compressed gases