Severn Trent Laboratories, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Sieventh Street, S.W. Washington, D.C. 20590 Pipeline and Hazardous Materials Safety Administration MAR 20 2007 Mr. William J. Geibel Reference No. 06-0239 Environmental Health and Safety Coordinator Severn Trent Laboratories, Inc. 301 Alpha Drive Pittsburgh, PA 15238 Dear Mr. Geibel: transport nitric acid, other than red fuming, with not more than 20 percent nitric acid, under This responds to your e-mail and conversation with a member of my staff concerning how to the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether this material may be transported using the small quantity exceptions provided in Section 2.4, of the International Civil Aviation Organization Technical Instructions for the § 173.4 of the HMR and the dangerous goods in excepted quantities provisions of Part 1, Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions). The answer is yes. In a final rule published under Docket No. PHMSA-06-254.76 (HM-215I) percent nitric acid, PG II" was added to the § 172.101 Hazardous Materials Table. In on 12/29/06, a new entry "UN 2031, Nitric acid, other than red fuming, with not more than 20 accordance with this entry, the material is authorized to be transported by passenger and cargo aircraft in amounts up to 1 L and 30 L per package, respectively. Paragraph (a)(11) of § 173.4 material is authorized for transportation on board passenger aircraft. This same entry and permits use of the small quantity exception for transportation by aircraft if the nazardous provision exists under the Dangerous Goods List, Table 3-1, of the ICAO Tecłnical Instructions. Section 171.11 of the HMR authorizes the use of the ICAO Technical Instructions as an alternative to the HMR for air shipments and for transportation by motor vehicle either before or after transportation by aircraft under certain conditions. Provided the nitric acid you described conforms to all applicable requirements, it may be transported by all modes under the small quantity exception prescribed in § 173.4 of the HMR and by aircraft of the ICAO Technical Instructions. under the dangerous goods in excepted quantities provision prescribed in Part i, Section 2.4, I hope this information is helpful. Hattie L. Mitchell, Chief Office of Hazardous Materials Standards Regulatory Review and Reinvention 173.4 060239#

Page 2Edmonson Page 1 of 1 51734(9)(11) Edmonson, Eileen <PHMSA> Small Quantity Exceptions 06-0739 From: Geibel, Bill [BGeibel@stl-inc.com] Sent: Monday, October 23, 2006 10:49 AM Edmonson, Eileen <PHMSA> Subject: RE: Clarification - 20 % or Less Nitric Acid aboard aircraft Eileen, Thank you again for returning my call to your concerning this matter. UN 2031 forbidden to be shipped on cargo only aircraft per § 173.4(a)(11)? Per our conversation this morning, is Nitric acid other than red fuming, with not more than 70 percent nitric acid, Thank you. Environmental, Health and Safety Coordinator William J. Geibel Severn Trent Laboratories, Inc. 10/24/2006#