{"operation":"document","citation":"05-0317","title":"Director, Manufacturing — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-01-30","effective_on":null,"summary":"05-0317 response to Director, Manufacturing concerning 172.101.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0317.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0317.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0317","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050317.pdf","body":"<<<PAGE 1>>>\n\nJAN 3 0 2006\nJerry Jones, Ph.D.\nRef. No. 05-0317\nDirector, Manufacturing/\nOrganic Synthesis\nChemic Laboratories, Inc.\n480 Neponset Street Bldg. 7\nCanton, MA 02021\nDear Dr. Jones:\nThis responds to your letter dated December 19, 2005,\nregarding the classification of your company's product\nunder the Hazardous Materials Regulations (HMR; 49 CFR\nParts 171-180). Specifically, you ask whether the\nclassification of your product would change under the HMR\nafter additional constituents are added to its original\nformulation.\nThe original product formulation is described as \"Resin\nsolution, flammable, Class 3, UN1866, PG II, \" a solution\ncontaining approximately 50%\nethanol, to which you add five\nadditional non-hazardous constituents.\nYou state that the\nspecific gravity, vapor pressure, and flash point of the\noriginal formulation is not altered when the additional\nconstituents\nare added and that the new formulation is\ncompatible with its original packaging. You intend to re-\nship the new formulation in its original packaging.\nIn accordance with § 173.22 of the HMR, it is the shipper's\nresponsibility to properly class and describe a hazardous\nmaterial for\ntransportation.\nThis Office does not perform\nthat function.\nHowever, it is our opinion that the altered\nformulation of the product your company receives does not\nchange the original classification of that product and\ntherefore, it may continue to be described as \"Resin\nsolution, flammable, Class 3, UN1866, PG II.\"\n172.101(1)(10)\n050317\n\n<<<PAGE 2>>>\n\nHalle z. Matthe l\nHattie I. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nTO:\nOffice of Hazardous Materials Technology\nPHH-20\nUS Department of Transportation\n400 7th St., S.W.\nFax: 202-366-3650\nWashington, DC 20590-0001\nPhone: 202-366-4545\nFROM:\nJerry Jones, Ph.D\n• Chemic Laboratories, Inc.\nDirector, Manufacturing/Organic Synthesis\nFax: 781-821-5651\nPhone: 781-821-5600 x209\ngsi@chemiclabs.com\nNumber of pages (including cover page): 2\nUrgent _\nRoutine\"\nReply requested Nol\nDear Sir/Madam:\n1 am seeking guidance in regard to product characterization and HazMat classification\naccording to CFR49. I have communicated my request by voice mail at 202-366-4545\n(12/14/05), but have yet to be contacted. The background information can be found on the\nfollowing page.\nThank you.\nThe information contained in this facsimile is privileged and confidential information and is intended only\nfor the individual or entity named above. If the reader of this message is not the intended recipient, you are\nhereby notified that any dissemination, distribution copying of this communication is strictly forbiddon. If\nyou have rectived this communication in crror, please notify Chemic Laboratories, Inc. hy telephone and\nreturn the original message by US postal service at the following address.\nChemic Laboratories, Inc.\n480 Neponset Street - bldg. 7\nCanton, MA 02021\nPhone: (781) 821-5600\n\n<<<PAGE 4>>>\n\nSpecifically, the final formulation consists of ~ 90% Gantrez ES-225 solution, which is classificd\nas \"resin solution, flammable\" (UN1866). The remaining components in the formulation include\nsuppletental cthanol (~5%) (Notc: Gantrez ES-225 solution is 50% ethanol), fumed silica\n(~5%), and four additional ingredients, none of which appears in the 172.101 Hazardous\nMaterials Table, and none of which is present in the formulation at >0.2% w/w.\nChemin is pad kige to for are the formulation in the sri gal rum ten bich oteines 22s\nphysical properties of the final formulation (density, flash point, vapor pressure) are not believed\nto bo significantly different from those of the Gantrez F.S-225 solution, and none of the\nadditional ingredients is believed to be incompatible with the Gantroz ES-225 container.\nreferred shipping name should be. We would appreciate your guidance in this matte\nseems that this situation may be covered 1t 12.01(c)(i0), but it is not clear what th","truncated":false,"body_characters":3958}