{"operation":"document","citation":"02-0198","title":"Applied Biosystems — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2002-08-28","effective_on":null,"summary":"02-0198 response to Applied Biosystems concerning 173.56.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0198.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0198.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0198","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020198.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n400 Seventh St., S.W.\nWashington, D.C. 20590\nResearch and\nspecial Programs\nAdministration\nAUG 2 8 2002\nMr. David W. Olson\nSenior Dangerous Goods Specialist\nApplied Biosystems\nRef. No. 02-0198\n850 Lincoln Centre Drive\nFoster City, CA 94404\nDear Mr. Olson:\nThis responds to your July 26, 2002 letter requesting clarification on the proper shipping name\nassigned to your material under an approval dated April 5, 2001 for EX-0104016 for \"Flammable\nliquid n.o.s. (1H-tetrazole solution in acetonitrile).\" Specifically, you request clarification on why\nthe proper shipping name assigned under the approval was selected instead of the proper shipping\nname \"Acetonitrile solution.\"\nAccording to your July 26, 2002 letter with enclosures and test data, you conclude that the more\nappropriate proper shipping name for your product is \"Acetonitrile solution\". You have concluded\nthat 1H-tetrazole, when added to acetonitrile at a concentration of 3.1 percent, does not contribute\nto the hazard of your product, therefore, the proper shipping name is \"Acetonitrile solution.\"\nBased on the current approval issued on April 5, 2001 and your follow-up letter and data, the\nexplosive properties of 1H-tetrazole solution in acetonitrile presents a hazard in transportation that\nmust be identified for emergency response purposes. Therefore, it remains the opinion of this\nOffice that the most appropriate shipping name for your product is \"Flammable liquid, n.o.s.(1H-\ntetrazole solution in acetonitrile), not \"Acetonitrile solution.\"\nI hope this answers your inquiry.\nSincerely,\nты\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n116.56\n020198\n\n<<<PAGE 2>>>\n\n•.\nApplied\nBoothe\nBiosystems\n8172.101\n850 Lincoln Centre Drive\nFoster City, CA 94404 U.S.A.\n§ 173.56\nwww.appliedbiosystems.com\nT 650.570.6667 F 650.572.2743\nJuly 26, 2002\nProper Shipping\nMr. Edward T. Mazullo\nDirector\nName\nOffice of Hazardous Materials Standards\n02-8$98\nResearch and Special Programs Administration\nAttn: DHM-10\nU.S. Department of Transportation\n400 7th Street SW\nWashington, DC 20590-0001\nRe: Classification of Acetonitrile/H-Tetrazole Activator Solution for\ntransportation in commerce\nDear Mr. Mazullo:\nApplied Biosystems is a global instrument manufacturer whose products are utilized in\nthe study and synthesis of DNA as well as other life science projects. In support of these\ninstruments, we also provide various chemical products - several of which we have\nclassified as hazardous in transportation - to customers around the world. During a recent\nreview of our hazardous materials, we discovered a classification of one of our products -\nsynthesis - that we do not understand. Mr. George Cushmac in your Office of Hazardous\nAcetonitrile/1-H Tetrazole Activator Solution which is used as an activator in DNA\nMaterials Technology suggested we write you a letter asking for clarification.\nOn April 2, 2001, a letter (see Enclosure 1) citing 49 CPR 173.56, was written on behalt\nt Applied Biosystems by HIMT Associates, LLC, and sent to the Department of\nTransportation, Research and Special Programs Administration regarding the activato\nsolution. In response, DOT issued a Classification of Explosives letter to Applied\nBiosystems dated April 5, 2001 (see Enclosure 2), assigning the proper shipping name of\nFlammable liquid, n.o.s. (1H-Tetrazole solution in Acetonitrile)\nHowever, measurements of the explosive properties (UN Test Series 1) of\nAcetonitrile/H-Tetrazole Activator Solution provided by New Mexico Tech, Energetic\nMaterals Research and Testing Center (EMRTC) on March 8, 2001 (see Enclosure 3)\nclearly demonstrate that this material does not exhibit the characteristics of an explosive.\nTherefore, we do not understand why 49 CFR 173.56 would apply since this material\ndoes not meet the definition of a \"new explosive\" in 49 CFR 173.56 (a).\n\n<<<PAGE 3>>>\n\nFurthermore, test data provided by Chilworth Technology on June 17, 2002 (see\nexperimental error, the same as the published flash point of technically pure Acetonitrile\nEnclosure 4) shows that the mcasured flash point of this material (5°C) is, within\n(6°C). Therefore, 1-H Tetrazole does not contribute to the flammability of this product.\nEnclosure 5) showing that this material is not a flammable solid and is stable to 75°C.\nThis is further supported by data on 1-H Tetrazole submitted to the United Nations (see\nBased on the specific product test data and the provisions of 49 CFR 172.101(c)(12)(ii),\ntherefore, we conclude that the more appropriate proper shipping name of this product is:\nAcetonitrile Solution\nMr. Cushmac indicated that we should address the scenario where Acetonitrile might\nevaporate leaving pure, dry 1-H Tetrazole. These products are shipped in combination\npackaging designed and tested to meet the UN specifications for a Packaging Group II\ncontents of the inner package should its integrity be compromised during transport. In\nFlammable Liquid. Sufficient bunting and absorbent material is used to contain the entire\nover 21 years of operations concerning the transporting of hazardous materials, Applied\nopinion, it is unlikely that this scenario would be encountered under, \"conditions\nBiosystems has experienced no transportation related incidents with this item. In our\nnormally incident to transportation\" [49 CFR 173.24(b)].\nIn summary, we have concluded that 1H-Tetrazole, when added to Acetonitrile at our\nconcentration of 3.1%; does not contribute to the hazard of this product and that the\nproper shipping name of this mixture should be Acetonitrile Solution. We would\nappreciate it if you would please confirm this conclusion or clarify why Flammable\nliquid, n.o.s. (1H-Tetrazole solution in Acetonitrile) is more appropriate.\nThank you for your consideration in this matter. Please do not hesitate to contact me if\nyou need further information or explanation. Since this is a critical product, a timely\nresponse would be appreciated. Should it be deemed necessary by your offices, we\nwould be willing to visit your office in Washington in order to facilitate this request.\nSincerely,\nDrillulls\nDavid W. Olson\nSenior Dangerous Goods Specialist\nGlobal Logistics Transportation\nTel: (650) 638-6688\nFax: (650) 638-5994\nolsondw@appliedbiosystems.com\nEnclosures","truncated":false,"body_characters":6323}