{"operation":"document","citation":"03-0321","title":"Fisher Scientific Company, LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-01-30","effective_on":null,"summary":"03-0321 response to Fisher Scientific Company, LLC concerning 173.136.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0321.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0321.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0321","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030321.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n400 Seventh St., S.W.\nResearch and\nWashington, D.C. 20590\nAdministration\nSpecial Programs\nJAN 3 0 2004\nMr. John G. Mayfield\nRef. No. 03-0321\nManager, Dangerous Goods Transportation\nFisher Scientific Company, LLC\n2000 Park Lane\nPittsburgh, PA 15275-1126\nDear Mr. Mayfield:\nThis is in response to your letter dated December 17, 2003 requesting clarification on the classification\nof Bouin's Solution under the Hazardous Materials Regulations (HMR: 49 CFR Parts 171-180).\nSpecifically, you would like a letter confirming your conclusions that a mixture consisting of 1.5% picric\nacid, 97 acetic acid, 19% formaldehyde, < 1% coloring agent, and approximately 79% water should\nbe classified as \"Corrosive liquid, acidic, organic, n.o.s. (formaldehyde, acetic acid), 8, UN3266, III.\"\nUnder § 173.22 of the HMR, it is the shipper's responsibility to properly classify a hazardous material.\nThis office generally does not perform this function. The definition of a corrosive material is found in\n§ 173.136 of the HMR and procedures for packing group selection are found in § 173.137. Assuming\nthat you have reviewed those sections and determined that your Bouin's Solution meets the definition of\na corrosive material in packing group I and is assigned to the Corrosive liquid hazard class then the\nproper shipping name \"Corrosive liquid, acidic, organic, n.o.s. (formaldehyde, acetic acid)\" would be\nappropriate. However, the identification number that you provided in your letter, UN3266, is not\nconsistent with the proper shipping name that you selected. UN3266 is the identification number for\nthe proper shipping name \"Corrosive liquid, basic, inorganic, n.o.s.\". If your conclusions are accurate,\nthen it is our opinion that the actual description would be \"Corrosive liquid, acidic, organic, n.o.s.\n(formaldehyde, acetic acid), 8, UN3265, III.\"\nIf you determine that a particular mixture of Bouin's Solution does not meet the definition of a corrosive\nmaterial or any other hazard class, but it does present a risk during transportation, specifically air\ntransportation, then it is our opinion that the basic description \"Aviation regulated liquid, n.o.s.\n(formaldehyde), 9, UN3334, III\" would be acceptable. However, if the acetic acid or picric acic\ncontribute in any way to the hazards of the material they may be required to be included in basic\n173.13%\n030321\nL23C\n\n<<<PAGE 2>>>\n\ndescription as part of the technical name (i.c., Aviation regulated liquid, n.o.s. (formaldehyde, acetic\nacid), 9, UN3334, III ot Aviation regulated liquid, n.o.s. (formaldehyde, picric acid), 9, UN3334, I).\nI hope this satisfies your request.\nSincerely,\nThas Arly\nSusan Gorsky\nSenior Transportation Regulations Specialist\nOffice of Hazardous Materials Standards …\n\n<<<PAGE 3>>>\n\nDEC-17-2003\n17:39\nFROM-FISHER SCIENTIFIC QA\n+4124808605\nT-148 P.002/003 F-363\nSupko\n2000 Park Lane\nFisher Scientific Company L.L.C.\nFisher Scientific\n§ 172.101\nJonn.Mayfield@fisharsci.com\nPittsburgh, PA 15275-1126\nTel: 412-490-8449\nClassification\nFax: 412-490-8930\nDecember 17; 2003...\nDr. Charles Ke\n03-0321\nfishersci.. \"\nOffice of Hazardous Materials Fechnology\nUS Department of Transportation\n400 Seventh Street S.W.\nResearch and Special Programs Administration\nWashington; ĐC 20590-.\nRe:\nBouins Solution Classification\nDear Dr. Ke:\nThank you for taking our call of this morning: In response to our conversation regarding the classification for\nprimary as a tissue fixative: Fisher Scientific purchases this material from various vendors for resale. While\nBouins Solution. we offer the following information. Bouins Solution is a product used in the medical industry\nmaximum percentages are picric acid (trinitrophenol) at 1.5%, acetic acid at 9%, formaidehyde at 19%, one\nthe various producers' exact percentages and components may vary, the primary ingredients with their\nrequested; we have enclosed a copy of Mr. Mazzullo's Memorandum to Mr. William G. Wilkening dated June 2.\ncoloring agent (which varies by supplier) at < 1% and water as the balance or approximately 79%. As\n2000, which specifically states that mixtures of picric acid (1.3%) and water (98.7%) are not subject to the\ntrinitrophenal wetred with not less than 30% water. We do not feel that the addition of the formaldehyde or\nWe believe that the Bouins Solution mixtures should not be regulated as a 4.1, as is the classification for\nacetic acid would contribute to the activity of the trinitrophenol. The final product should not be classified as\npercentages of formaldenyde and acetic acid, we propose the classification for transporation as:\neither explosive or reactive:\" However, we do think that the materials would fall under the HMR. Due to the\nCorrosive Liquid; Acidic; Organic; N:O:S: (formaldenyde, acetic acid).\n8, UN3266, Ill\nto meet the definition of corrosive, we propose that the alternative classification for materials tested and found\nGiven the possibility that some of these Bouins Solutions may not contain enough acetic acid or formaldehyde\nto be non-corrosive be:\nAviation Regulated Liquid, N.O.S. (formaldehyde), 9, UN3334, III\nDo you agree with our classifications?\nThank you for your time. If you have any other questions, please do not hesitate to contact me.\nRespectfully.\nlotS haull\nManager, Dangérous Goods Transportation...\nEnclosure: 1","truncated":false,"body_characters":5353}