Fisher Scientific Company L.L.C — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Research and Washington, D.C. 20590 Special Programs Administration JUN 12 2001 Mr. Craig E. Phillips Manager, Hazardous Materials Ref. No: 01-0113 Transportation Program Fisher Scientific Company L.L.C. 2000 Park Lane Drive Pittsburgh, PA 15275-1126 Dear Mr. Phillips: This responds to your May 1, 2001, letter requesting clarification on the applicability of special provision N40 (§ 172.102) to hazardous materials packaged under the terms of exemption DOT E-9168. Specifically you ask whether sodium borohydride or potassium borohydride may be packed in a glass bottle then placed in a plastic bag that is hermetically sealed, then placed inside a metal can without regard to special provision N40. that is hermetically sealed, then placed in a strong outside container as specified in DOT E-9168, The answer is yes. Special provision N40 prohibits sodium borohydride or potassium borohydride from being transported in a combination packaging consisting of a 4G fiberboard box with inner receptacles that are glass. It does not prohibit packaging such as authorized under DOT E-9168 consisting of a combination inner packaging (i.e., glass receptacle in a metal can) inside a strong outside container (i.e., fiberboard box). I hope this information is helpful. Sincerely, mess Transportation Regulations Specialist Office of Hazardous Materials Standards 010113 172.102#

Page 2LaValle $172.102 (N40) 2000 Park Lane Drive • Fisher Scientific Company L.L.C. Pittsburgh, PA 15275-1126 Fisher Scientific Now Bulk fackaging 1: 412108300 May 1, 2001 01-0113 www.fis sci.com. U.S. Department of Transportation Research & Special Programs Administration ATTN: Mr. Ed Mazzullo Office of Hazardous Materials Safety 400 Seventh Street S.W. Washington, D.C. 20590 RE: Request for Interpretation 49 CFR 172.102 Special Provision N40 Dear Mr. Mazzullo: Fisher Scientific Co. L.L.C. is a manufacturer and distributor of various chemical, medical and diagnostic products utilized in the medical and research fields. We have a interpretation from the U.S. Department of Transportation. question regarding the applicability of Special Provision N40 and would appreciate an Specifically, Special Provision N40(a) prohibits..."A combination packaging consisting of a 4G fiberboard box with inner receptacles of glass or earthenware;" ...and is not allowed for a material specified in the 172.101 Hazardous Materials Table. Our question is, if a quantity of either sodium borohydride or potassium borohydride, both of which are Class 4.3 items, are packed in a glass bottle, which is then contained inside a plastic bag, and then placed inside a metal can, both hermitically sealed, and then placed inside an E- irrespective of Special Provision N40? 9168 exempted carton, would the shipment be in compliance with the regulations, We believe that there is no appreciable impact on transportation safety and that the we look forward to receiving your reply. shipment would be in compliance. We respectfully seek your guidance in this matter and Sincerely, 3 Pilept Craig E. Phillips Manager - Hazardous Materials Transportation Programs#