{"operation":"document","citation":"04-0040","title":"University of California, Irvine Environmental Health and Safety — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-05-11","effective_on":null,"summary":"04-0040 response to University of California, Irvine Environmental Health and Safety concerning 173.140, 173.4.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0040.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0040.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0040","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040040.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nResearch and\nof Transportation\n400 Seventh St., S.W.\nWashington, D.C. 20590\nSpecial Programs\nAdministration\nMAY 1 1 2004\nMr. Younghans-Haug\nRef. No.: 04-0040\nChemical Safety Programs Specialist\nJniversity of California, Irvine\nEnvironmental Health and Safet\n4600 Bison Avenue:\nIrvine, California 92697-2725\nThis responds to your letter dated February 6, 2004, regarding the classification of formaldehyde\nsolutions under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and the\nInternational Civil Aviation Organization's Technical Instructions for the Safe Transport of\nDangerous Goods by Aircraft (ICAO Technical Instructions). Specifically, you ask if we agree\nwith your opinion that volumes of thirty (30) milliters or less of 10% formaldehyde solutions in\nan outer package would not create in a cargo-hold aboard aircraft conditions as prescribed under\nSpecial Provision \"A27\" of the ICAO Technical Instructions.\nThe current HMR and the ICAO Technical Instructions have two entries for Formaldehyde\nsolutions, as follows: \"Formaldehyde solutions with not less than 25% formaldehyde, 8, UN\n2209, IT\" and \"Formaldehyde solutions, flammable, 3, 8, UN 1198, III\". In the ICAO Technical\nInstructions, Special Provision \"A27\" is not specifically assigned to these entries. The HMR do\nnot contain a Special Provision \"A27\". The quantity (30 milliters) of the Formaldehyde solutions\nin the outer package is not relevant to classification of the material.\nFormaldehyde solutions (10% formaldehyde) do not meet the classification criteria for either of\nthese entries. However, the acute effects of Formaldehyde solutions have been well documented.\nBased on the definition for a Class 9 material in the HMR, it is the opinion of this Office that\n\"10% Formaldehyde solution\" meets the definition of a Class 9 material in § 173.140 and is\nsubject to regulation when transported domestically by aircraft. The appropriate shipping\ndescription is: \"Other regulated substances, liquid, n.o.s. (Formaldehyde), 9, NA 3082, III.\" AlI\nother applicable rules of the HMR apply. Shipments of formaldehyde solutions when transported\ninternationally by aircraft must conform to the ICAO Technical Instructions.\nFor your information, formaldehyde solutions shipped in an inner packaging of 30 milliters or\nless in accordance with the small quantities exceptions in §173.4 of the HMR are excepted from\n172.101 F\n040040\n\n<<<PAGE 2>>>\n\nmarking, labeling, placarding and shipping papers, and emergency response information\nrequirements of the HMR.\nI hope this satisfies your inquiry. If we can be of further assistance, please contact us.\nSincerely,\npress\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nUNIVERSITY OF CALIFORNIA, IRVINE\nBERKELEY • DAVIS • IRVINE • LOS ANGELES • MERCED • RIVERSIDE • SAN DIEGO • SAN FRANCISCO\nSANTA BARBARA • SANTA CRUZ\nEngrum\n4600 BISON AVE.\nENVIRONMENTAL HEALTH AND SAFETY\n3172.101F\nFAX NUMBER: (949) 824-8539\nIRVINE, CALIFORNIA 92697-2725\nProper Shipping\nFebruary 6, 2004\nDirector Ed Mazzullo\nDepartment of Transportation\nName\nOffice of Hazardous Materials Safety\nRouting Attn: DHM-10\n84-0040\n400 Seventh Street, SW\nWashington DC, 20590\nSubject: Request for formal Letter of Interpretation\nDear Director Mazzullo:\nI am wondering whether your office would agree that small volumes of 10% formaldehyde solution would not create\nconditions described in Special Provision A27 of the IATA's 2004 Dangerous Goods Regulations.\nship preserved specimens to collaborate with colleagues at other research institutions.\nResearchers commonly use 10% formaldehyde solution to preserve specimens. I anticipate that our researchers will want to\nsolutions less than 25% are respectively: UN 3334; Aviation Regulated Liquid, n.o.s.; Class 9. Special Provision A27\nPrevious Letters of Interpretation have advised that the proper UN number, shipping name, and class for formaldehyde\nappears to allow for shipper's judgment. In this case, it is reasonable that small volumes of formaldehyde evaporated into a\ncargo-hold would not create extreme annoyance or discomfort to crew.\ncargo-hold those conditions described in Special Provision A27.\nI propose that volumes thirty (30) milliters or less of 10% formaldehyde solution per outer package are too low to create in a\nlould use judgment in the context of Special Provision A27. If possible for your office to state the volume of 109\nhe actual volume that would create conditions described in Special Provision A27 is likely much larger; and shipper\nformaldehyde it believes is too small to create conditions described in Special Provision A27, this would, in my opinion,\nhelp guide researchers at other U.S. institutions.\nOur packaging consists of watertight primary container, absorbent padding, watertight secondary container, and then\nfiberboard outer packaging.\nonditions described in Special Provision A27, then markings on outer packaging would not require an UN number, prope\nf you agree that volumes thirty (30) milliliters or less of 10% formaldehyde solution is too small of an amount crea\nshipping name, or class. Nor would the shipper need to complete the Shipper's Declaration to declare the goods as\nYour office's formal Letter of Interpretation will allow us to provide accurate shipping guidance to our campus' researchers.\nCordially,\nChris Younghans-Haug\nChemical Safety Programs Specialist","truncated":false,"body_characters":5399}