{"operation":"document","citation":"05-0104","title":"Degussa Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-05-13","effective_on":null,"summary":"05-0104 response to Degussa Corporation concerning 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0104.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0104.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0104","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050104.pdf","body":"<<<PAGE 1>>>\n\nJ.S. Department\nof Transportation\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nHazardous Materiais Safety\nPipeline and\nAdministration\nMAY 13 2005\nMr. John Foglio\nRef. No. 05-0104\nDegussa Corporation\n379 Interpace Parkway\nParsippany, NJ 07054-0677\nDear Mr. Foglio:\nThis is in response to your letter and subsequent telephone conversation with a member\nof my staff requesting clarification of the Hazardous Materials Regulations (HMR; 49\nCFR Parts 171-180) for the shipment of a material that you have classified as \"Aviation\nregulater liquid,\" Class 9, UN3334 for transportation by aircraft. You state that the\nmaterial is a skin sensitizer and does not meet the definition of any other hazard class,\nelevated temperature material, hazardous substance, hazardous waste or marine pollutant.\nSpecifically, you ask whether the material is regulated by other modes of transportation\nand whether it may it be shipped as \"Aviation regulated liquid,\" UN3334 when being\ntransported by highway, rail or vessel.\nAccording to your letter, the skin sensitizer would produce an irritating odor and be\ncorrosive to the eyes upon direct contact with the material. Although an irritating odor or\nother properties that could cause extreme annoyance or discomfort to a flight crew meets\nthe definition for Class 9 (miscellaneous hazardous material) when being transported by\naircraft (see § 173.140(a)), such characteristics do not pose a hazard when the material is\nbeing transported by other modes of transportation. Therefore, provided the material\ndoes not meet the definition of any other hazard class, elevated temperature material,\nhazardoris substance, hazardous waste or marine pollutant and is not a forbidden material\n(see § 173.21), the skin sentsitizer is not regulated for transportation by highway, rail or\nThe proper shipping name \"Aviation regulated liquid\" may be used by modes of\ntransportation other than air. As provided in § 172.101(b)(2), a proper shipping name\npreceded by an \"A\" in the § 172.101 Hazardous Materials Table may be used to describe\n050104\n173.22\n\n<<<PAGE 2>>>\n\na material for other modes of transportation provided all applicable requirements for the\nentry are met.\nI hope this information is helpful. If you need additional information, please do not\nhesitate to contact this office.\nSincere y,\nMother Thiell\nHattie I. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\n5 MCIntyre\nClassification\ndegussa.\n05-0104\ncreating essentials\nApril 19, 2005\nDEGUSSA CORPORATION\n379 INTERPACE PARKWAY\nPARSIPPANY,NJ 07054-0677\nDIRECT: (973) 541-8042\nFAX:\n(973) 541-8040\nU.S. Departinent of Transportation\nPHMSA\nOffice of Hazardous Materials Standards\n400 7' st. S.W\nDHM-10\nWashington, DC 20590-0001\nRe: Class 9\nDear Madam: / Sir,\nWe ship a material that is considered an Aviation Regulated Liquid, UN 3334 for shipments by\nair only. This material does not meet the definition of elevated temperature material, hazardous\nair. A precedes the entry in 172.101, which tells that the material is regulated for shipments by\nsubstance, hazardous waste or marine pollutant. When we ship this material by modes other than\nair, must it be shipped as Environmentally Hazardous Liquid, class 9? If not, is it permitted to\nship it as class 9?\nhowever, corrosive to the eyes. Because of this hazard, must it be shipped as class 9? If not, is it\nWe ship a material that does not fit into any of the definition of class 1 through class 8. It is,\npermitted to ship it as class 9?\nWe ship a material, which is a skin sensitizer. It does not meet the definition of elevated\ntemperature raterial, hazardous substance, hazardous waste or marine pollutant. Must this\nmaterial be shipped as class 9 because of its skin sensitizing hazard? If not, is it permitted to ship\nit as class 9?\nPlease advise. Thank you.\nSincerely,\nPhn\nFight\nJohn Foglio\nTransportation Safety\nManager Hazardous Materials","truncated":false,"body_characters":3951}