Fisher Scientific LLC — Hazardous Materials Safety Interpretation

Page 1of 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 2INFOCNTR 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 3From: 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 4An 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 -_-¿==;<#