{"operation":"document","citation":"01-0271","title":"Electron Microscopy Sciences — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2001-12-18","effective_on":null,"summary":"01-0271 response to Electron Microscopy Sciences concerning 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0271.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0271.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0271","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2001/010271.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nWashington, D.C. 20590\nResearch and\nSpecial Programs\nAdministration\nDEC 18 2001\nMs. Carole J. McNamara\nP.O. Box 251\nElectron Microscopy Sciences\nRef. No. 01-0271\nFort Washington, PA 19034\nDear Ms. McNamara:\nThis responds to your October 16, 2001 letter requesting clarification on the proper shipping name and\nhazard class of formaldehyde solution with less than 25% formaldehyde under the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if the proper shipping name should\nbe \"Aviation regulated liquid, n.o.s.\" for formaldehyde solutions with a variety of percentages of less\nthan 25% formaldehyde. Additionally, you ask if there is a concentration at which a formaldehyde\nsolution would not be subject to the HMR.\nIt is the shipper's responsibility to properly class and describe a hazardous material in accordance with\n§ 173.22. This Office does not normally perform that function. However, it is the opinion of this\nOffice that formaldehyde solutions with less than 10% formaldehyde mixed with non-hazardous\nmaterials do not meet the definition of a Class 9 hazardous material and, provided they do not meet any\nother hazard class, are not subject to the HMR. Formaldehyde solutions with 10% to 25%\nformaldehyde are regulated as Class 9 hazardous materials when shipped by aircraft due to its noxious\nodor. The preferred proper shipping name is \"Aviation regulated liquid, n.o.s.\" The entry \"Aviation\nregulated liquid, n.o.s.\" was added to the § 172.101 Hazardous Material Table in a final rule published\nand the UN Recommendations.\nMarch 5, 1999 (Docket HM-21SC; 64 FR 10741) for alignment with the ICAO Technical Instructions\nI hope this answers your inquiry.\nSincerely,\nDelm Filli\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n010271\n173,22\n-\n\n<<<PAGE 2>>>\n\nElectron\nBoothe\nMicroscopy\n§173.22\nSciences\n321 Morris Road + P.O. Box 251\nA Division of EMS Acquisition Corp.\nClassification\nort Washington, Pa 1903\n@: sgkcck@aol.com + Web: http://www.emsdiasum.com\n: (215) 646-1566 Fax: (215) 646-89\n01-0271\n16 October 2001\nRSPA\nOffice of Hazardous Materials Standards (DHM-10)\nU.S. Dept. of Transportation\n400 Seventh Street, S.W.\nWashington, DC 20590-0001\nDear Sir:\nMy company supplies chemicals, accessories and equipment for laboratory research of the\nlife sciences. One of our chemicals is formaldehyde in many different percentages. The\n49CFR lists this chemical as\n\"Formaldehyde solution, with not less than 25%\nit is clearly a dangerous good according to the 49CFR. My question is with any\nformaldehyde\". If we ship a formaldehyde solution which is a 25% solution or more, then\npercentage under 25%. I have been in many discussions about this chemical and one\nsuggestion is to ship it as a \"UN3334, Aviation regulated liquid, n.o.s.\" (because \"it\nsmells\"), when it is under 25% solution. I know formaldehyde has an odor, but to switch\nfrom one proper shipping name and go to another, when the percentage doesn't fit the\nproper shipping name in the 49CFR, is too confusing. What about 2%, 4%, 10%, 16%\nand 20% formaldehyde solutions? Should we be classifying these as anything or\nnothing?\nWould you be kind enough to search your database to find if there are any past questions\non this chemical.\nWould it be possible to acquire a formal letter of interpretation on formaldehyde\nsolutions? IfI need to do anything else to receive this formal letter, please let me know.\nTook forward to your expert advice.\nSincerely,\nCarole J. McNamara\n-","truncated":false,"body_characters":3590}