{"operation":"document","citation":"09-0049","title":"Thermo Fisher Scientific — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-05-11","effective_on":null,"summary":"09-0049 response to Thermo Fisher Scientific concerning 172.101, 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0049.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0049.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0049","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2009/090049.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave. S.E.\nLVashington, D.C. 20590\nMr. John G . Mayfield\nManager, Dangerous Goods Transportation\nCustomer Channels Group\nThermo Fisher Scientific\n2000 Park Lane\nPittsburgh, PA 15275\nRef. No. 09-0049\nDear Mr. Mayfield:\nThis responds to your March 10,2009 email requesting clarification of the Hazardous\nMaterials Regu.lations (HMR; 49 CFR Parts 1 7 1 - 180). You state that Thermo Fisher has\na number of materials which have chemical structures that demonstrate some\ncharacteristics of Division 4.1 '(Flammable solid) or Class 1 (Explosive) materials.\nHowever, you do not have sufficient technical information on the materials to make an\nappropriate classification. You propose to dilute these materials in a compatible solvent\nto a concentration of 1% or less. You ask for confirmation that the diluted material\nwould not meet the definition of a Class 1 or a Division 4.1 material for purposes of the\nHMR.\nUnder 8 173.22, it is the shipper's responsibility to class and describe a hazardous\nmaterial. This Office does not normally perform this function. You have not provided\nthe data or information necessary to enable us to confirm that these materials, diluted as\ndescribed above, would not meet the definition of an explosive or flammable solid\nmaterial under the HMR.\nTo facilitate the transportation of your materials, you may wish to request a special\npermit. Your application should be directed to the Office of Hazardous Materials Special\nPermits and Approvals and should include specific and detailed information concerning\nhow you propose to package and transport the materials.\n\n<<<PAGE 2>>>\n\nThe procedures for applying for a special permit are in 49 CFR Part 107, Subpart B. You\nmay also obtain this information at our website at\nhttp://www.phmsa.dot.gov/hazmat~rens/sp-a.\nI hope this information is helpful. If you have further questions, please do not hesitate to\ncontact this Office.\nSincerely,\n1- Chief, Standards Development\n' Ofice of Hazardous Materials StandardsCharles E. Betts\n\n<<<PAGE 3>>>\n\nTherma Fisher\nS C I E N T I F I C\nThe world leader\nin sewing science\nMarch 10, 2009\nDr Charles Ke\nU.S. DOT\nPHMSA\n1200 New Jersey Ave. SE\nWashington, DC. 20590\nDear Dr. Ke:\nThis is a request for an interpretation. It is a high priority issue for Thermo Fisher.\n49CFR 173.50(a) clearly states that some materials, even those not intended to be explosive, may meet the\ndefinition of a Class 1 material. Similarly, some materials may unexpectedly meet the definition of Self-\nReactive in Division 4.1. At least two regulatory references suggest that chemical structure may be an\nindication as to which materials could be Explosive or Self-Reactive. ICAO 4.2.3.1.2 lists chemical\nstructures which suggest, but don't prove, that a material may be Self-Reactive. And Table A6.1 of\nAppendix 6 to the UN Manual of Tests and Criteria lists structures suggestive of explosive properties.\nThermo Fisher has a number of materials which have chemical structures that meet one or more of these\n'structural clues' to being Self-Reactive or Explosive. We have been unable to obtain definitive data\nregarding whether they actually are Explosive/Self-Reactive or not. Therefore, because they might be\nExplosive or Self-Reactive, and because we don't have sufficient data to obtain Competent Authority\npermission to ship them as Explosive or Self-Reactive, we have ceased selling them. We are of the opinion\nthat the most reasonable option is to begin planning to dispose of them, although if there are options\nallowing transport for non-disposal purposes we would be open to them.\nIt is because of the possibility that these materials might be explosive, and because they are being stored in\nwarehouses not approved for storage of explosives, that this is high priority to us.\nWe propose diluting these materials in a compatible solvent, almost certainly to be water, to a concentration\nof 1 % or less. We are requesting your agreement that after dilution, these materials do not meet the\ndefinition of a Class 1 material, and do not meet any of the definitions of a Division 4.1 material, i.e, not Self-\nReactive, nor Desensitized Explosive, nor Readily Combustible Solid. If we receive your agreement to this\nwithout conditions, we can determine our best option, which may be to send as waste, or may be to sell to a\ncustomer (assuming we can find one). However, if you have conditions on your agreement, such as making\nit subject to waste shipments only, we would find it acceptable to dispose of the diluted materials.\nThe list of materials involved is on the attached page, along with supporting documentation. If it is more\neffective to handle each of these materials individually, we are willing to work with you in that manner as\nwell.\nThank you for your time and interest in our issue. We look forward to hearing from you at your earliest\nconvenience. As these materials are presently being stored in our distribution centers, you can appreciate\nour interest in resolving this issue as quickly as possible.\nSincerely,\nJohn G. Mayfield, DGSA\nManager, Dangerous Goods Transportation\nThermo Fisher Scientific Co.\nThermo Fisher Scientific\nRegulatory Affairs\n2000 Park Lane Pittsburgh. PA 41 2-490-8300 w.thermofisher.com\n15275 41 2-490-8930\n\n<<<PAGE 4>>>\n\nTRermoFbher\nS C I E N T I F I C\nList of materials:\nAlizarin Yellow GG\nDithizone\nMordant Orange 1\nN-Methyl-n'-nitro-N-nitrosoguanidine\nOil Red 0\nSudan Ill","truncated":false,"body_characters":5530}