Interpretation Response #98-0600 ([Regulatory Compliance Services] [Mr. R. J. Reynolds])

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

Interpretation Response Details

Response Publish Date: 03/24/1998

Company Name: Regulatory Compliance Services

Individual Name: Mr. R. J. Reynolds

Location State: OH Country: US

View the Interpretation Document

Response text:

MAR 24, 1998

Mr. R. J. Reynolds
Regulatory Compliance Services
5437 Adventure Drive
Dublin, Ohio 43017
Dear Mr. Reynolds:

I have been requested by Acting Research and Special Programs Administrator Kelley Coyner to reply to your letter concerning industrial aerosols packaged in cylinders and using isobutane or propane as propellants. You request information as to how such products would be classified and shipped under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).
In your letter and in telephone conversations with my staff, you described two products that would be packaged in DOT Specification 39 cylinders (up to 1,500 cubic inch capacity) and used as industrial aerosols. Product A consists of 85 percent water, 10 percent non-hazardous surfactants, and 5 percent isobutane or propane used as propellant. Product B consists of 48 percent methylene chloride, 25 percent non-hazardous resins and polymers, and 27 percent isobutane or propane used as propellant. Your specific questions about these two products are addressed below.

Q1.     Is testing under § 173.306(i)(2) applicable for this type of application?

A1.       No. The flammability tests specified in § 173.306(i) are required for aerosols shipped
under the limited quantity provisions of § 173.306. Since your client's products do not meet the criteria for shipment as limited quantities, their flammability may not be determined using the test specified in § 173.306(i)(2).

Q2.       Are the products as a whole considered Division 2.1 materials since the propellants are
2.1 materials?

A2.       No, Products A and B would not be classified as Division 2.1 materials solely because the propellants are Division 2.1 materials. Your client must determine the correct hazard class of each product in the form it will be offered for transportation. If Products A and B meet the definition specified' in § 173.115(a) for Division 2.1, Flammable Gas, then they must be classified as Division 2.1 materials.

Q3.          If Spec 39 cylinders are used for these products, are they limited to 75 cubic inches?

A3.          Section l73.304(d)(3)(i) limits the internal volume for a DOT Specification 39 cylinder
used to transport liquefied petroleum gas to 75 cubic inches. This limitation applies to pure liquefied petroleum gas or to mixtures that have the characteristics of liquefied petroleum gas. If your client's products have the characteristics of liquefied petroleum gas, as determined by testing, then the internal volume limitation of § 173.304(d)(3)(i) will apply.
    Q4.      Are there any exemptions in use that may be applicable to these types of shipments?
    A4.      No, a search of our exemptions data base found no current exemptions applicable to
aerosols shipped in DOT Specification 39 cylinders and using propane or isobutane as propellants.

I hope this information is helpful. If you need anything further, please do not hesitate to contact me.

Sincerely,

Alan I. Roberts
Associate Administrator for Hazardous
Materials Safety

Regulation Sections