{"operation":"document","citation":"06-0121","title":"Hydrol Chemical Co., Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-10-03","effective_on":null,"summary":"06-0121 response to Hydrol Chemical Co., Inc. concerning 173.120, 173.150.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0121.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0121.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0121","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060121.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nPipeline and\nHazardous Materials Safety\nAdministration\nOCT\n3\n2006\nMr. Richard W. Hoffman, Jr.\nRef. No.: 06-0121\nHydrol Chemical Co., Inc.\nDirector of Chemical Operations\n520 Commerce Drive\nYeadon, Pennsylvania 19050\nDear Mr. Hoffman:\nThis responds to your letter dated May 4, 2006 regarding classification of your\ncompany's embalming products containing various concentrations of Formaldehyde, and\naccordance with the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nwhether they may be reclassed and described as a Consumer commodity, ORM-D in\nThe products are used for the preparation and disinfection of human remains.\nembalming fluid products that contain Formaldehyde in various concentrations, mixed\nAccording to you letter, Hydrol Chemical Company, Inc., packages a range of\nwith Methanol and Glycerine components. The Formaldehyde (F) and Methanol (M)\nranges, with associated flash points, are as follows:\nGrouping # 1 - (F) 4% to 11%, (M) 4% to 19%, flash point 140°F to 145°F TCC\nGrouping # 3 - (F) 21% to 36%, (M) 15% to 19%, flash point 126°F to 136°F\nGrouping # 2 - (F) 11% to 50%, (M) 5% to 40%, flash point 80°F to 130°F TCC\nThese embalming fluid products are packaged in 473 ml (16 fluid ounces) polyethylene\nand vary in weight from 28 pounds (12.7 kg) to 36 pounds (16.3kg). The package is a\nbottles, with polypropylene caps (polyester lined). The bottles are packed 24 to a case,\ncombination packaging marked - UN 4G/Y16.3/S/02/USA #AG 0619. These products\nare classed and described as \"Flammable liquid, n.o.s, Class 3, (Formaldehyde.\nHMR.\nMethanol), UN 1993, PG III\"and shipped as a limited quantity under § 173.150 of the\nBased on the information provided, your company's products that have a flash point of\nas specified in § 173.120(b)(2), a flammable liquid with a flash point at or above 38°C\n141°F or below meet the definition for a Class 3 (flammable liquid) material. However,\n(100°F) that does not meet the definition of any other hazard class may be reclassed as a\n173.150\n060121\n113.120 (b) (2)\n\n<<<PAGE 2>>>\n\ncombustible liquid. A combustible liquid in a non-bulk packaging that is not a hazardous\nsubstance, hazardous waste, or marine pollutant is not subject to the HMR for purposes of\ntransportation in commerce (see §§ 173.120(a) and (b) and 173.150(f)).\nFormalin (10% Formaldehyde solutions) does not meet the criteria for either of the\nentries for \"Formaldehyde\" in the §172.101 Table. However, the acute effects of\n9 material in the HMR, it is the opinion of this Office that \"10% Formaldehyde solution\"\nFormaldehyde solutions have been well documented. Based on the definition for a Class\nmeets the definition of a Class 9 material in §173.140 and is subject to regulation when\ntransported by aircraft. The appropriate shipping description is: \"Aviation regulated\nliquid, n.o.s. (Formaldehyde), 9, UN 3334, III.\" In §172.102, Special Provision \"A35\"\napplies to shipments by aircraft.\nGenerally, a consumer commodity, as defined in § 171.8, is a material that is packaged\nspecifically so intended and that, may, in fact, be used in some other fashion. A Class 3\nand distributed in a form intended or suitable for retail sale to consumers even if not\n(flammable liquid) material packaged for shipment in accordance with the limited\nquantity provisions in § 173.150 that meet the definition of a consumer commodity may\nbe renamed \"Consumer commodity\" and reclassed as ORM-D material. Packages\nthe information provided in your letter, it is the opinion of this Office that your products\ncontaining an ORM-D material must be marked in accordance with § 172.316. Based on\nmay be transported as consumer commodities.\nI hope this satisfies your inquiry. If we can be of further assistance, please contact us.\nSincerely,\nOffice of Hazardous Materials Standards\nChief, Standards Development\n\n<<<PAGE 3>>>\n\nHydrol Chemical Co., Inc.\nHYDROL\nYeadon, Pennsylvania 19050\n520 Commerce Drive\nCall Toll Free\nPhone\n1-610-622-3603\nFax\n1-800-345-8200\n1-610-284-4448\ningrum\n3179.156\nMay 4, 2006\n§ 173.120\nMr. Edward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\nclassification\nU.S. Department of Transportation / PHMSA (PHH-10)\n06-0121\n400 Seventh Street, S.W\nWashington, D.C. 20590-0001\nDear Mr. Mazzullo,\ncommunicate with in regards to receiving clarification of the interpretation of shipping\nYour name was provided to Hydrol Chemical Company as the U.S. DOT contact to\nclassification for embalming fluid products. Specifically, I refer to the attached written\ncommunication from U.S. DOT / FMCSA Hazardous Materials Specialist, Mr. Joseph P.\nShea, to Hydrol Chemical Company concerning this matter. This communication\ncontains a letter, U.S. DOT Ref. No. 03-0073, addressed to Mr. John R. Jackson, Vice\nPresident of The Embalmers' Supply Company, discussing the shipping classification of\ntheir embalming fluid products.\nHydrol Chemical Company packages a range of embalming fluid products that contain\nformaldehyde in various concentrations, along with methanol and glycerine components,\nfor the preparation and disinfection of human remains, as does our competitor: The\nEmbalmers' Supply Company. For comparative purposes, I am providing you with\npertinent data concerning our line of products. Our products contain formaldehyde (F)\nand methanol (M) ranges, with associated flash points, as follows:\nGrouping #1 - (F) 4% to 11%, (M) 4% to 19%, flash point 140°F to 145 F TCC\nGrouping #2 - (F) 11% to 50%, (M) 5% to 40%, flash point 8C°r to 130°F TCC\nGrouping #3 - (F) 21% to 36%, (M) 15% to 19%, flash point 126°F to 136°F TCC\nHydrol embalming fluid products are packaged in 473 ml (16 fluid ounces) polyethylene\nand vary in weight from 28 pounds (12.7 kg) to 36 pounds (16.3 kg). The package is a\nbottles, with polypropylene caps (polyester lined). The bottles are packed 24 to a case,\ncombination packaging marked - UN 4G / Y16.3 / S / 02 / USA + AG 0619.\nThe composition and packaging of embalming fluid products are essentially standard\nacross the funereal supply industry, varying minutely in composition, subsequent\nconcentrations of components, and packaging used for shipment - from manufacturer to\nmanufacturer. Suffice it to say, the same interpretation of shipping classification of\nembalming fluid products received by The Embalmers' Supply Company from the U.S.\nDOT should be applicable to all manufacturers of these types of products.\n\n<<<PAGE 4>>>\n\nHydrol Chemical Company classifies its embalming fluid products as Class 3 flammable\nliquids. Specifically: Class 3, Flammable Liquid, N.O.S., (Formaldehyde) (Methanol),\nUN 1993, PG III, under the limited quantity provisions in HMR; 49 CFR Part 173.150 for\na Class 3 flammable liquid as defined in Part 173.120. We respectfully request that you\nreview our embalming fluid product data relating to our ability to reclassify these\nproducts as Consumer Commodity, ORM-D, as does our competitor, The Embalmers'\nSupply Company. Hydrol Chemical Company would like to request a letter clarifying\nthe interpretation of proper shipping classification of embalming fluid products to insure\nthat our company meets all applicable regulations set forth in HMR; 49 CFR Parts 171-\n180). We appreciate any guidance you can provide us concerning this matter.\nDirector of Chemical Operations,\nRichard W. Hoffman, Jr.,\nHydrol Chemical Company","truncated":false,"body_characters":7434}