The Pinehurst Office Center — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh Street, S.W. Washington, D.C. 20590 Pipeline and lazardous Materials Safet Idministratior FEB 12 2007 Mr. Gary A. Peters Ref. No. 06-0191 Bloomfield Hills, MI 48304-5151 Dear Mr. Peters, This responds to your August 28, 2006 letter requesting clarification on the applicability of the exception for aqueous solutions of alcohol in §173.150(e) under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether the alcohol solution you ship meets the provisions in §173.150(e), and whether §173.150(f) has any impact on your shipment if transported by aircraft or vessel. with greater than 75% water with a second ingredient, "Nonylphenoxy poly According to your letter, your client ships a product containing 10% Isopropyl Alcohol (etheleneoxy) ethanol," a nonionic surfactant-alkylphenol ethoxylate (NPE), which is not a hazardous material under the HMR. This product has a flash point of 104° F, contains no other hazardous materials, and is packaged in a 2.75 gallon container. According to §173.150(e), an aqueous solution of alcohol may be reclassed as a combustible liquid, and is not subject to the HMR when it contains 24% or less alcohol information provided in your letter, it is the opinion of this Office that your alcohol by volume, no other hazardous material, and more than 50% water. Based on the solution does meet the provisions in §173.150(e) as an aqueous solution of alcohol, and is not subject to the HMR when transported by all modes. However, if you choose to use the exception in §173.150(f), transportation by aircraft or vessel is not authorized except where other means of transportation is impracticable. I hope this answers your inquiry. Sincerely, Office of Hazardous Materials Standards 173.150(e) 060191#

Page 2AUG-28-2006 14:15 Howard and Howard 248 645 1568 P.02/02 Ann Arbor Bloomfield Mills Kalamaxoo Poorin Boothe Howard & Howard 3173.150 (e) law for business Exceptions 06-0191 direct dial: 248 123.0490 Gary A. Peters email: GPclors@howardandhoward.com inois, Iowa and Pennsylvar lso admitted to practice August 28, 2006 Mr. Ed Mazzullo, Director Via Fax (202) 366-3012 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Office of Hazardous Materials Safety 400 7th St., S. W. Washington, DC 20590 RE: REVISED Letter of Clarification on Applicability of 49 CFR $173.150(e) Dear Mr. Mazzullo: We are submitting this REVISED letter as a follow-up to my letter of August 23, 2006 to 49 CFR $173.150(e). This revised request reflects new information received from the ne Hazardous Materals Regulation (HMR) or exempt as an manufacturer regarding one of the constituents in the product. have been informed by the manufacturer that the second ingredient, "Nonyiphenoxy pol The product contains less than 10% of Isopropyl Alcohol and greater than 7:5% water. We 'ethyleneoxy Ethanol," is a nonionic surfactant-alkylphenol ethoxylate (or NPE) and is not a DOi hazardous material. According to the manufacturer, this chemical was disclosed in the MSDS surely for OSHA requirements under 29 CFR 1910.1200. The product has a flash point of 104°F and contains no other hazardous materials. The product is packaged in a 2.75 gallon container. product is subject to the HMR or whether this product is not regulated as a DOT hazardous material Based on the foregoing description of this product, please clarify or confira whether this solution of alcohol," does the following subsection, 49 CFR $173.150(f) - "Combustible liquids" (i.e. not subject to the requirements of Subchapter C). It this product is not regulated as an "aqueous have any impact on whether this product can still be shipped via aircraft or vessel? Sincerely, ARD &/IOWARD ATTORNEYS shitty The Pinchuret Office Conter, Suite 101, 39800 Woodward Avenue, Bloomfield Hills. MI 48301.5151 248.645.1483 Pax: 248.645. 1568 TOTAL P.02#