{"operation":"document","citation":"05-0142","title":"The AN Group — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-12-07","effective_on":null,"summary":"05-0142 response to The AN Group concerning 172.101, 173.121.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0142.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0142.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0142","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050142.pdf","body":"<<>>\n\nU.S. Department\n400 Saventh Street, S.W.\nof Transportation\nWashington, D.C. 20590\nPipeline and\nHazardous Materials Safety\nAdministration\nDEC - 7 2005\nMr. Robert J. Fersterheim\nRef No.: 05-0142\nExecutive Director\nThe AN Group\n1250 Connecticut Avenue, N.W.\nSuite 700\nWashington, DC 20036\nDear Mr. Fersterheim:\nThis responds to your June 1, 2005 letter and subsequent conversations with Ben Supko\nof my staff requesting clarification of the Hazardous Materials Regulations (HMR; 49\nI be reclassified as a PG II material because it has a flashpoint of approximately 1° C and\nCFR Parts 171-180). Specifically, you request that Acrylonitrile, stabilized, UN1093, PG\na boiling point of approximately 77° C, which is consistent with that of a PG II\nflammable liquid.\nA material with a flashpoint of approximately 1° C and a boiling point of approximately\n77° C, that meets no other hazard, is best classified as a flammable liquid in Packing\nGroup I! However, acrylonitrile also exhibits the subsidiary hazard of a Packing Group I\npoison. In accordance with the precedence of hazard table in § 173.2a(b), a material that\nmeets Class 3, PG II and Division 6.1, PG I is assigned to Class 3. Note 1 following the\nprecedence of hazard table states that the most stringent packing group assigned to a\nhazard of the material takes precedence over other packing groups. Therefore, a material\nmeeting Class 3 PG II and Division 6.1 PG I is classified as Class 3 PG I.\nI hope this information is helpful. Please contact us if you require additional assistance.\n050142\n\n<<>>\n\n•\nsupkc\n5/72.10,\nTHE AN GROUP\n$173.12/\n250 Connecticut Avenue, NW Suite 700 Washington, DC 2003\nhone: 202-419-1500 Fax: 202-659-8037 www.angroup.or\nClassification\nJune 1, 2005\n05 - 0142\nMr. Edward Mazzullo\nDirector\nipeline and Hazardous Materials Safety Administratior\nOffice of Hazardous Materials Standards\n400 Sect, 5. 0. Transportation\nWashington, DC 20590\nRE: Request for Reclassification of Acrylonitrile to Packing Group II\nDear Mr. Mazzullo:\nI am writing to request a review and reclassification of the Packing Group\nassignment for acrylonitrile under the provisions of 49 CFR 172.101. We believe that the\nassigned Packing Group is an error and does not adequately consider the known\nproperties of acrylonitrile.\nAcrylonitrile is currently designated as a Class 3 material under Packing Group I\n(as reflected on the Hazardous Material Table in 49 CFR 172.101). We believe this\ndesignation is intended to be based on the flammability hazard of the substance.\nAccording to 49 CFR Part 173.121, Class 3 materials that have a flash point less\nthan 23° C and a boiling point of greater than 35° C are to be designated as Packing\nGroup II. Since acrylonitrile has a flash point (closed-cup) of approximately 1° C (which\nis considerably less than 23º C) and a boiling point of approximately 77° C (which is\nsignificantly greater than 35° C), we believe acrylonitrile should appropriately be\nclassified in Packing Group II.\nThe primary references that are often cited are as follows:\nThere are various references to support this flash point and boiling point values.\nBoiling point:\nVerschueren K. 1983. Handbook of environmental data on\norganic chemicals. 2nd ed. New York, NY: Van Nostrand\nReinhold Company, 162-165.\nFlash Point:\nSax NI. 1984. Dangerous properties of industrial materials.\n6th ed. New York, NY: Van Nostrand Reinhold Company,\n132-133.\n\n<<>>\n\n•\nMr. Edward Mazzullo\nJune 1, 2005\nPage 2 of 2\nThese specific values are cited in the Agency for Toxic Substances Disease Registry\nToxicological profile on Acrylonitrile, which can be obtained from\nhttp://www.atsdr.cdc.gov/toxprofiles/tp125.html. Comparable values are also found in\nvarious other sources. See for example:\nOSHA:\nhttp://www.osha.gov/pls/oshaweb/owadisp.show_document?\nP table-STANDARDS&p_id=10067\nNIOSH:\nhttp://www.cdc.gov/niosh/78127_18.html\naditio a mout treaty apprecio, your ries of ring ailer rese alise king erup\nI to Packing Group II.\nPlease let me know if you need any further clarification.\nSincerely,\nRobert J. Fensterheim\nExecutive Director\n\n<<>>\n\nSupko, Ben \nSent:\nFrom:\nSupko, Ben \nSubject:\nTo:\nTuesday, October 25, 2005 3:49 PM\n'Bob Fensterheim'\nRE: Acrylonitrile Inhalation Study\nMr. Fensterheim,\nof the acrylonitrile requirements in the HMR.\nThis memo is regarding your June 1, 2005 letter requesting clarification\nwere interested in submitting additional studies on acrylonitrile.\nIn our discussions you indicated that you\nreceived is mentioned below, I have not received additional studies. Therefore, I am\nThe only study I have\nprepared to complete the letter based on the information you have submitted.\nlike to submit any additional information please do so by COB on Wednesday, October 26,\nIf you would\nThank you,\nBen\nFrom: Supko, Ben \n-----Original Message-----\nSent: Tuesday, July 26, 2005 11:25 AM\nSubject: FW: Acrylonitrile Inhalation Study\n' Bob Fensterheim'\nMr. Fensterheim,\nThank you for the toxicology study on acrylonitrile.\nBefore he makes any determination he asked if you could provide results for the 1-\nOur chemist has taken a look at the\nhour test (49 CFR 173.132), if you have them or are aware of them.\nyou are in the process of producing a dermal study on acrylonitrile. He is interested in\nI informed him that\nseeing that as well.\nThank you,\nBen\nFrom: Cushmac, George \n----Original Message--\nTo: Supko, Ben \nSent: Monday, July 25, 2005 7:47 AM\nSubject: RE: Acrylonitrile Inhalation Study\nCc: Cushmac, George \nThanks Ben.\nvant to see the results of the 1-hour test/study.\nPer our discussion about a 1-hour tox study iaw the HMR (49 CFR 173.132), 1\nGeorge\nFrom: Supko, Ben < PHMSA>\n----Original Message-----\nSent: Thursday, July 21, 2005 3:20 PM\nTo: Cushmac,\nSubject: FW: Acrylonitrile Inhalation Study\nGeorge \nGeorge,\nHere's the study on acrylonitrile.\nLet me know what you think.\nThanks,\nBen\n\n<<>>\n\nFrom: Bob Fensterheim\n-----Original Message-----\nCc: Greg Suber; Maria Stubbs\nTo: Supko, Ben \nSubject: Acrylonitrile Inhalation Study\nSent: 7/19/2005 1:59 PM\nAN. As you are likely aware, there is a significant amount of information on the\nAs we discussed, I am providing in the attached a new acute inhalation toxicology study on\nI am only providing at this time the new unpublished study. Let me know what other\ntoxicology of AN. While we can provide a compendium of information and different studies,\ninformation you would like.\ndevelopment of an Acute Exposure Guideline Level for AN.\nFYI, we are planning to provide this to EPA as part of their\nof yet.\nI had also mentioned that there would be a new dermal study as well. I do not have this as\nPlease let me know if I can clarify.\nBob Fensterheim\n<>\nN","truncated":false,"body_characters":6823}