{"operation":"document","citation":"09-0042","title":"Thermo Fisher Scientific, Customer Channels Group — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-03-18","effective_on":null,"summary":"09-0042 response to Thermo Fisher Scientific, Customer Channels Group concerning 173.22, 173.4.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0042.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0042.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0042","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2009/090042.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous Materials\nSafety Administration\nMAR 1 8 2009\n1200 New Jersey Ave., SE\nWashington, DC 20590\nMr. Gene Sanders\nSenior Dangerous Goods Transportation Specialist\nThermo Fisher Scientific, Customer Channels Group\n2000 Park Lane\nPittsburgh, PA 15275\nRef. No. 09-0042\nDear Mr. Sanders:\nThis responds to your February 20,2009 letter requesting a review of three products and their\nclassification under the Hazardous Materials ~ e ~ b h t i o n s (HMR; 49 CFR Parts 171-180). In\nyour letter you enclosed three Material Safety Data Sheets (MSDS), one for each product in\nquestion. Specifically, you would like a letter confirming your conclusions regarding the\nclassification of these products as hazardous materials and their respective proper shipping\nnames, and their eligibility for the small quantities exceptions provided in 5 173.4. You state two\nproducts would be described as \"UN 1993, Flammable liquids, n.0.s. (Methanol, Acetonitrile), 3,\nPG 11\" and the third as \"UN1648, Acetonitrile solution, 3, PG 11.\"\nIn accordance with 5 173.22, it is the shipper's responsibility to properly class and describe a\nhazardous material. This Office does not perform that function. However, based on the\ninformation you provided in your letter and enclosed MSDS's, it is the opinion of this Office that\nthe proper shipping names and identification numbers you selected are appropriate, provided the\nproducts do not meet the definitions of any other hazard classes, such as Division 6.1. Also, the\nproducts are eligible for the exceptions authorized in 173.4, provided all applicable\nrequirements are met.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nVery low percentages of explosive materials in sclution. Classification review requested. Page 1 of 2\nDrakeford, Carolyn <PHMSA>\nFrom: Gorsky, Susan cPHMSA>\nSent: Friday, February 20, 2009 2:02 PM\nTo: Drakeford, Carolyn <PHMSA>\nSubject: FW: Very low percentages of explosive materials in solution. Classification review requested.\nAttachments: NC9805411 msds.pdf; NC9814431 MSDS.pdf; NC9814432 MSDS.pdf\nFrom: Sanders, Gene [mailto:gene.sanders@thermofisher.corn]\nSent: Friday, February 20, 2009 1:39 PM\nTo: Watson, Spencer <PHMSA>; Gorsky, Susan <PHMSA>\nCc: Mayfield, John\nSubjed: Very low percentages of explosive materials in solution. Classification review requested.\nDr. Watson and Ms. Gorsky,\nThermo Fisher Scientific has several products from a supplier in our warehouses that we'd like to re-ship to\na customer. Since re-shippers are independently responsible for compliance with the HMR, we are requesting\nyour review of our classifications of these products.\nThe first product, supplied by Accustandard (MSDS attached, Thermo Fisher # NC9814431: Accustandard #\nM-8330-ADD-3), has 0.01% of Picric Acid (Trinitrophenol), in 99.99% AcetonitrileIMethanoI (49.99% Acetonitrile,\n50.00% Methanol). Based upon the Hazlklat Table Trinitrophenol entries, and upon a number of existing\ninterpretations that indicate Picric Acid at this concentration has been adequately desensitized in a variety of\nsolvents, we believe the Picric Acid in this product has also been desensitized So, we propose using a\nclassification of UN1993, Flammable liquid, n.0.s. (Methanol, Acetonitrile), 3, 11. And if packaged and marked\nproperly, we believe this product would be eligible for the relief granted in the 49CFR 173.4(a) exception.\nThe second product, (MSDS attached, Thermo Fisher # NC9814432, Accustandard # M-8330-12.0-AX), has\n0.01 % 1,3,5-Trinitrobenzene, in 99.99% AcetonitrilelMethanoI (49.99% Acetonitrile, 50.00°/~ Methanol). Based\nupon the HazMat Table Trinitrophenol entries we believe the 1,3.5-Trinitrobenzene in this product has been\nadequately desensitized . So, we propose using a classification of LIN1993, Flammable liquid, n.0.s. (Methanol,\nAcetonitrile), 3, 11. And if packaged and marked properly, we believe this product would be eligible for the relief\ngranted in the 49CFR 173.4(a) exception.\nThe third product, (MSDS attached, Thermo Fisher # NC9805411, Accustandard # M-8330-ADD-24-IOX),\nhas 0.1% of TA'TP (a.k.a. Triacetone triperoxide, TCAP, Acetone peroxide, Peroxyacetone), in 99.9% Acetonitrile.\nTATP is known to be an unstable explosive, htt.p~.~!~n,.w.ik.ipediaIIor~.wik.i~TAT.P. It seems likely that the 99.9%\nAcetonitrile has desensitized the 0.1% TATP. So, we propose using a classification of UIV1648, Acetonitrile\nsolution, 3, 11. And if packaged and marked properly, we believe this product would be eligible for the relief\ngranted in the 49CFR 173.4(a) exception.\nDo you agree with these conclusions? Thank you.\nCheers,\nGene Sanders, DGSA\nSenior Dangerous Goods Transportation Specialist\nThermo Fisher Scientific, Customer Channels Group\n2000 Park Lane\nPittsburgh, Pa. 15275 USA\nGene.Sanders@ThermoFisher.com\n4121490-8934, cell 4121498-2458, fax 4121490-8930\n\n<<<PAGE 3>>>\n\nVery low percentages of explosive materials in solution. Classification review requested. Page 2 of 2\nThe world leader in serving science\nWORLDWIDE CONFIDENTIALITY NOTE (Optional): Dissemination, distribution or copying of this e-mail or the information herein by anyone other than\nthe intended recipient, or an employee or agent of a system responsible for delivering the message to the intended recipient, is prohibited. If you are not\nthe intended recipient. please inform the sender and delete all copies.","truncated":false,"body_characters":5577}