Kessler Chemical — Hazardous Materials Safety Interpretation

Page 1of Transportation US. Department 400 Seventh Street. S.W. Washington, D.C. 20590 JAN 2 6 2001 Mr. Gary J. Kessler Ref. No. 01-0001 Marketing Director Kessler Chemical 26 Brick Church Road Pipersville, PA 18947 Dear Mr. Kessler: This is in response to your letter dated January 3, 2001, requesting clarification of provisions in § 173.150 (f) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) • Specifically, you ask if your product, p-chlorobenzotrifluoride, may be reclassed as a combustible liquid. Under § 173.150 (f), a flammable liquid with a flash point of 38°C (100°F) or higher that does not meet the definition of ny other hazard class may be reclassed as a combustible liquid. Chlorobenzotrifluoride with a flash point of 43°€ (109°F) that does not meet the definition of any other hazard class may be reclassed as a combustible liquid. This provision does not apply to transportation by vessel or aircraft, except where other means of transportation is impracticable (S 173.150 (f) (1)). I hope this satisfies your request. Sincerely, Transportation Regulations Specialist Office of Hazardous Materials Standards 010001 173.150#

Page 2FrOM: GARY KESSLER TO: EDWARD T. MAZZULLO (BUSINESS FA DATE: 1/8/01 TIME: 2:88:16 PM PAGE 1 OF 1 BAH KESSLER Est50 Liquid CHEMIGAL OVER 25 YEARS OF 0010367 DEDICATED SERVICE 01-0001 26 Brick Church Road • Plpersvllle, Pennsylvania 18947, USA • (610) 847-8383 • Fax: (610) 847-8810 .... Email: Info@)kesslerchemical.com • Web: www.kesslerchemical.com TELEFAX (PLEASE DELIVER ASAP) NUMBER OF PAGES (INCLUDING THIS PG.): 1 DATE: January 3, 2001 Edward Mazzullo TO: OHMS U.S. DOT/RSPA (DHM-10) 400 7th St., S.W. Washington, DC 20590 Fax# (202) 366-3012 FROM: Gary J. Kessler Dear Edward: I spoke with Jerry at your Hazardous Material Information Center about getting a written clarification of a provision under CFR Title 49, 173.150 (D. Ib. (250 kg.) net drums, and 44,092 Ib. (20,000 kg.) net, bulk isotanks. This chemical is listed as a class 3 We will be shipping the chemical, p-chlorobenzotrifluoride (CAS# 98-56-6), by highway transportation in 551 substance, however it has a flash point of 43 deg. C. (109 deg. F.) It appears that under 173.150 (f, we can eclassify the material for U.S. highway shipping purposes as a combustible liquid, since the flash point i bove the stated threshold of 38 deg. C. (100 deg. F.), and it does not meet the definition of any other hazar class. This provision seems straightforward, but it is our intent to be in full compliance with shipping Thank you in advance for your attention to this matter. If you have any questions, please feel free to contact me at (610) 758-9602. Yours sincerely, Marketing Director Gary J. Kessler gary@kesslerchemical.com#