Michelman, Inc — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Hazardous Materials Safery Administration AVO 2 3 2005 Transportation Analyst Ms. Tiffany Lawson Ref. No.: 05-0113 9080 Shell road Michelman, Inc. Cincinnati, Ohio 45236-1299 Dear Ms. Lawson: This responds to your letter regarding classification of your company's product under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You asked whether the would meet the definition of a Class 9 material. product, which contains 2.4588% Ammonia and can cause discomfort to a flight crew, A shipper is responsible for classifying a hazardous material in accordance with the HMR (see § 173.22). The hazard class is determined based on the chemical composition and hazard properties of the material. You did not provide sufficient information concerning your company's product to enable us to offer an opinion on how it should be classed. the definition of any other hazard class, and includes a material that has an anesthetic, A Class 9 is a material that presents a hazard during transportation but, that does not meet noxious or other similar property that could cause extreme annoyance or discomfort to a flight crew member so as to prevent the correct performance of assigned duties. If your company's product containing 2.4588% Ammonia causes extreme annoyance or discomfort to a flight crew, it may meet the definition in § 173.140(a) as a Class 9 (Miscellaneous) hazardous material and be regulated for purposes of transportation in commerce. A Class 9 material is not regulated for transportation by highway, rail, or hazardous substance, hazardous waste, or marine pollutant. vessel, unless it meets the definition in § 171.8 as a elevated temperature material, I hope this satisfies your inquiry. If we can be of further assistance, please contact us. Office of Hazardous Materials Standards 173.140 050113#

Page 2Engrum 9 | 73 .14.0 Detinitions ZZ MICHELMAN 05-0113 Waterbased Technology Worldwide Michelman; Inc., 9080 Shell Road, Cincinnati, Ohio 45236-1299 USA / Tel: 513-793-7766 Fax: 513-793-2504 Dear Mr Mazzulo, I am in need of an interpretation of a possible Class 9 material. The product contains 2.4588% Ammonia and "can cause discomfort to a flight crew". Do I need to classify this product as a Class 9 via rail, road or ocean. Please feel free to contact me with any questions regarding this question. Thank you, Tiffany Lawson Transportation Analyst Michelman, Inc. (513) 794-4223#