# Fisher Scientific LLC — Hazardous Materials Safety Interpretation

- **operation:** document
- **citation:** 03-0194
- **title:** Fisher Scientific LLC — Hazardous Materials Safety Interpretation
- **source type:** guidance
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** guidance
- **official:** true
- **published on:** 2003-09-22
- **effective on:** Not available
- **summary:** 03-0194 response to Fisher Scientific LLC concerning 172.101.
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- **markdown:** https://regulus.evalyn.ai/document/phmsa-interpretation-03-0194.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-interpretation-03-0194
- **source url:** https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030194.pdf
**body:**

<<<PAGE 1>>>

of Transportation
U.S. Department
400 Seventh St., S.W.
Washington, D.C. 20590
Research and
Administration
Special Programs
SEP 2.2 2003
Mr. Gene Sanders
2000 Park Lane
Fisher Scientific
LLC
Ref. No. 03-0194
Pittsburgh, PA
15275
Dear Mr. Sanders:
This is in response to your letter dated July 31, 2003,
concerning the reclassification of a material as
commodity, ORM-D" under the Hazardous Materials Regulations (HMR;
49 CFR Parts 171-180). Specifically, you asked if a material
properly described as
special provision 47 (see § 172.102).
"Consumer commodity, ORM-D" is subject to
The answer is no.
reclassified as "Consumer commodity, ORM-D" as authorized in
A material that has been appropriately
column (8A) of the HMT is no longer subject to special provision
47, which applies to the original shipping description.
I hope this satisfies your request.
Sincerely,
less
Gale
office of Hazardous Materials standard
Transportation Reculations Specialis
030194
172,101

<<<PAGE 2>>>

INFOCNTR
From:
To:
Sent:
Sanders, Gene [gene.sanders@fishersci.com]
NFOCT RUlY 31, 20033:41 PM.
Subject:
Cc:
BAH
Mayfield, John; Jones, Robin; DuMars, Lisa
RE: Interpretation requested
8172101
As reconmended in your informal response attached below,
accordance
and in
Proper Shipping
vitp: 4905220d20.902 one to accordance gues
my
http://hazmat.dot.gov/infocent.htm,
requesting a FORMAL response to
Name
question.
Thank you.
03-0194
Cheers,
Dangerous. Goods
Gene Sanders, DGSA
Fisher
Scientific LIC
Transportation Specialist
Pittsburgh,
2000 Park Lane
Gene. Sanders@Fishersci.com
15275 USA
412/490-8934, cell 412/498-2458, fax 412/490-8930
--;=; <
From: INFOCNTR [mailto:Infocnti@rspa.dot.gov]
----Original Message--....
To:
Sent :
' Sanders,
Thursday, July 31, 2003-2:56
Subject: RE: Interpretation requested
Gene '
Dear Gene,
Ne have received your inquiry about the Hazardous Materials Regulations
(HMR; 49 CFR Parts 171-180). The HMR' are available at the following URL:
http://hazmat.dot.gov/rules.htm
Since the material has been reclassed as a Consumer conmodity, ORM-D,
it
no longer subject to the special provisions listed for the original
shipping
description.
flammable liquid, n.o.s. that has been reclassed
special provision 47 would not apply to a Solid containino
commodity,
Consumer
ORM-D.
Center
If you require further assistance, our Hazardous Materials Information
is staffed with regulatory
specialists who can quickly answer
questions by phone.
Center is
Please do not hesitate to call, as the Information
467-4922
open Monday
through Friday, 9 am - 5 pm E.S.I. at
(800)
or (202)
366-4488.
Sincerely,
Kurt Eichenlaub, Hazardous Materials Specialist
An e-mail response from this office is considered informal guidance.
guidance may be requested in'accordance with 49 CFR 105.20.
http://hazmat.dot.gov/infocent.htm

<<<PAGE 3>>>

From: Sanders, Gene [mailto:gene.sanders@fishersci.com]
----Original Message-
To: INFOCNTR
Sent: Thursday, July 31, 2003 11:29 AM
Subject: Interpretation requested
Cc: Mayfield, John; Jones, Robin
Office of Hazardous Materials Standards
Edward Mazzullo, Director
Research and Special Programs Administration
DHM-10
U.S. Department of Iransportation
washington,
400 7th St., s.w.
infocntr@rspa.dot.gov
DC
20590-0001
Dear Mr. Mazzullo,
application of the hazardous materials transportation regulations.
Your assistance is reguested in clarifying a question about the proper
plastic container of alcohol wipes.
rhe question regards the classification and packaging requirements for a
The liquid is 708 isopropanol, with
flash point of 78F, saturated onto a single roll
be
of fabric perforated to
torn off as individual wipes.
container, and the plastic container
There is no free liquid in the plastic
outer, fibreboard box.
The total weight of the saturated wipes is 1
is to be
shipped inside a strong,
pound,
or less than 500 grams. Our classification rationale is as follows:
1.
2.
The product is
The hazard presented by the product is solely one of flammability.
3.
The most
appropriate
not liquid, per the definition in 49CFR 171.8.
172.101 (c) (12) (ii),
s Solids containing flammable liquid, n.o.s
Proper Shipping Name, selected per 49CFR
including the leakproof test requirement.
4.
nis Classification requires compliance with Special Provision 47
5.
oecause 173.151 1s listed in column 8A of the Hazardous Materials Table,
The product qualifies for the Limited Quantity (ITD QTY) exception,
because it meets the
because the product meets the LiD erY requirements, and because it
requirements
there-in.
granted in 49CFR 173.151 (c).
the definition of Consumer Commodity, it also qualifies for the relief
i. Consumer commodities are "renamed" Consumer Commodity and reclassed
lass, and a Proper Shipping Name of "Consumer Commodity".
Therefore, we propose to offer this product with ORM-D as the hazaro
Our question is whether Special Provision 47 is still applicable?
reclassification
One argument is that 49CFR 173.151 allowed the renaming and
authorization despite
as Consumer Commodity, ORM-D,
the reclassification, which then implies that the
and is still the relevant packaging
In
original classification and associated Special Provisions still apply.
other words, it the product, as offered for transport, does not comply
secrements for 01, 5 conta hang ammand 15 with the packagd i
can
and 173.151
not be used to rename as a Consumer Commodity.
2

<<<PAGE 4>>>

An opposing argument is that when the product is renamed and
only the special provisions listed in the Hazardous Materials Table for
new Proper Shipping Name and hazard class apply. Special Provision 47
not listed in column 7 of the Hazardous Materials Table in association
the Consumer Cormodity, ORM-D listing, and therefore would not apply.
mmodity without complying with the leakproof test requirement (
uld we be conmitting a violation to offer this product as a Consume
Special
Provision 47? Thank you.
Cheers,
Dangerous
Gene Sanders, DGSA
Fisher Scientific LIC
Goods Transportation Specialist
Pittsburgh,
2000 Park Lane
Gene.Sanders@Fishersci.com
Pa. 15275
412/490-8934, cell 412/498-2458, fax 412/490-8930
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