Fisher Scientific International, Inc. — Hazardous Materials Safety Interpretation

Page 1.S. Depanmer f Transportatio Washington, D.C. 20590 400 Seventh Street, S.W. Hazardous Materials Safety Pipeline and Administration JAN 29 2007 Mr. Gene Sanders Ref. No.: 06-0207 Dangerous Goods Transportation Specialist Fisher Scientific International, Inc. 2000 Park Lane Pittsburgh, Pennsylvania 15275 Dear Mr. Sanders: This responds to your letter dated September 11, 2006, regarding Special Provision "43" in § 172.102 as it applies to a material described as "Nitrocellulose membrane filters, 4.1, UN3270, PG II," under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- 180). In accordance with Special Provision "43" ', nitrocellulose membrane filters each with a mass not exceeding 0.5 g are not subject to the HMR when contained individually in an article or a sealed packet. You ask if it would be a violation of the HMR to utilize Special Provision "43" to transport two strips totaling 0.096 g (2 X 0.048 = 0.096 g) of nitrocellulose membrane filters with each individual membrane filter having a mass of 0.048 g in each article or sealed packet. The answer is yes. To utilize the exception, Special Provision "43" requires each in an article or sealed packet. Therefore, you may not use the exception to trar sport two nitrocellulose membrane filter under 0.5 gram to be individually or separately contained strips totaling 0.096 g (2 X 0.048 = 0.096 g) in a single article or sealed packet. Currently, as provided under Special Provision "43", it does matter how many strips are in the article or sealed packet, although they are each under 0.5 gram (e.g, two strips of nitrocellulose membrane filters totaling 0.096 g (2 X 0.048 = 0.096 g)). We understand your concerns and will address this issue in a future rulemaking. I hope this information is helpful. If we can be of further assistance. Sincerely, Chief, Standards Development Office of Hazardous Materials Standards 172.102 SP43 050207#

Page 2DOT special provision 43 Page 1 of 2 5/72.102 Drakeford, Carolyn <PHMSA> Special Provision 43 Applicability From: Gorsky, Susan <PHMSA> Sent: Monday, September 11, 2006 5:13 PM 16-02.07 To: Drakeford, Carolyn <PHMSA> Subject: FW: DOT special provision 43 Carolyn, For the interp data base. Thanks. Susan From: Sanders, Gene [mailto:gene.sanders@fishersci.com] To: Go-sky, Susan <PHMSA> Sent: Fri 9/8/2006 5:19 PM Cc: Mayfield, John Subject: DOT special provision 43 Susan, nitrocel ulose membranes. Fisher Scientific sells and distributes a product manufactured by another company that includes foil pouch. Each strip weighs 0.048 grams, so the total amount in any device or pouch is 0.096 grams. The product includes 2 membranes in each device, with each device sealed in its owr Fisher. The last line of the special provision reads "Nitrocellulose membrane filters covered by this entry, each UN3270, Nitrocellulose membrane filters, has a special provision, 43, which may be advantageous to with a mass not exceeding 0.5 g, are not subject to the requirements of this subchapter when contained individually in an article or a sealed packet." packet) does not meet the requirement that strips be "contained individually". This seems to be the most literal One possible interpretation could be that having 2 strips in each article (and therefore 2 strips in each sealed interpretation. the tota amount of nitrocellulose in any one article or pouch. Certainly, from a safety perspective it would seem A different interpretation could be that the 0.5 g maximum is meant to apply not just to a single strip, but to of 0.096 g would be allowed, but cutting that strip in half would not be allowed. ridiculous to say that one 0.500 g strip is allowed, while 2 × 0.048 (= 0.096 g) strips are not. Or that a single strip interpreiation, and to ship the product as "not subject to the requirements" of the hazardous materials So, I'm asking whether you think Fisher Scientific would be in violation of the regulations to use the latter regulations? Thank you for your assistance. Cheers, Gene Sanders, DGSA Fisher Scientific International, Inc. Dangerous Goods Transportation Specialist 2000 Park Lane Piltsburgh, Pa. 15275 USA 9/13/2006#