{"operation":"document","citation":"09-0058","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":"2009-06-12","effective_on":null,"summary":"09-0058 response to Thermo Fisher Scientific, Customer Channels Group concerning 173.124.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0058.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0058.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0058","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090058.pdf","body":"<<>>\n\nU.S. Department\nof Transportation Pipeline and Hazardous Materials\nSafety Administration\nJUN 1 2 2009\n1200 New Jersey Ave., SE\nWashington, DC 20590\nMr. Gene Sanders, DGSA\nSenior Dangerous Goods Transportation Specialist\nThermo Fisher Scientific, Customer Channels Group\n200 Park Lane\nPittsburg, Pennsylvania 15275\nRef. No.: 09-0058\nDear Mr. Sanders:\nThis responds to your e-mail letter regarding the requirements in § 173.124(a)(l)(i) and (ii)\nas they apply to \"desensitized explosives\" under the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171 -1 80). Specifically, you ask whether small amounts of\ndesensitized explosives used to calibrate explosive detection machines may be reclassed\nwithout submission of an approval request to the Associate Administrator for Hazardous\nMaterials Safety.\nAccording to your letter, calibration products contain less than 1% Class 1 materials and,\nthus, meet the definition for \"desensitized explosive\" in 8 173.124(a)(l)(i) of the HMR.\nSuch desensitized explosives must be specifically authorized by name in the $ 172.10 1\nHazardous Materials Table or assigned a shipping name and hazard class under the terms of a\nspecial permit or an approval. You ask whether there is a threshold concentration of\nexplosive material in a product below which it would not be necessary to seek the approval\nof the Associate Administrator prior to shipment.\nThe answer is no. All new compositions containing any amount of explosive material,\nincluding compositions of diluted (desensitized) explosives, must be approved by the\nAssociate Administrator. Because of the large number of possible variations and\ncombinations of explosives and diluents in desensitized explosives, it is not possible to\ndetermine a threshold concentration of explosive material below which approval would not\nbe required.\nI hope this information is helpful. If we can be of further assistance, please contact us.\nCharles E. Betts\nChief, Standards Development 6, e of Hazardous Materials Standards\n\n<<>>\n\nGuidance requested\nPage 1 of 2\nDrakeford, Carolyn \nFrom: Gorsky, Susan \nSent: Tuesday, February 24,2009 7:21 AM\nTo: Drakeford, Carolyn \nSubject: FW: Guidance requested\nYet another interp request.\nSusan\n04-0d58\nFrom: Sanders, Gene [mailto:gene.sanders@thermofisher.com]\nSent: Friday, February 20, 2009 2:54 PM\nTo: Ke, Charles ; Gorsky, Susan \nCc: Mayfield, John; Richard, Bob ; Watson, Spencer ; Pfund, Duane \nSubject: Guidance requested\nMs. Gorsky and Dr. Ke,\nAs terrorism has increased in recent years, so have the number of machines of various kinds designed to\ndetect explosives. Whether to prevent terrorist attacks, or to analyze their aftermath, these machines must be\nvery sensitive, capable of detecting very small concentrations of explosives, explosive contaminants, and\nexplosive residues. As the number of these machines has increased, so has the availability of products used to\ncalibrate these machines increased. Very often these calibration products include less than 1 O h of materials that\nwhen pure are in Class 1 (other than compatib~lity group A), so that they meet the definition of Desensitized\nExplosive in 49CFR 173.124(a)(l)(i). The difficulty comes in meeting the requirements of '1 73.124(a)(l)(ii), which\nessentially requires the shipper to obtain pre-approval from PHMSA This pre-approval can come in one of three\nways; a HazMat Table entry, a Special Permit, or an Approval. Or, as some shippers have learned, there is a\nfourth way.\nIf a product is not listed in the HazMat Table, and a request for interpretation is made, and answered, and\nthat response agrees to a specific classification for a desensitized explosive, then the hassle and delay of\nobtaining a Special Permit or Approval is avoided. It seems that these interpretations are only issued for very low\npercentages of explosive, but in a variety of different solvents, including both aqueous and non-aqueous.\nAccuStanda rd a lone lists 80 of this type of product,' (htt~~!!w~a~.~~.~ta_~~..~.r~,~.~mlS.e~1c_h.R~su!ts Is=~~.~.HEI\\?!CA~=~..&s.uub.ssub.ccatteeg.oory=..CCOO37.~.ccategoory.~Q.~~aani.ic+.Sttand.aard.s~ while a variety of EPA Method\n8095 standards are available from other suppliers. Since Thermo Fisher sells (or re-sells) these products, there is\nthe possibility that we'll make dozens and dozens of requests for interpretation in the coming months and years.\nUnless ...\nIs there some threshold concentration of explosive (total of all the explosives in a product), below which we\ndo not need to seek PHMSA approval prior to shipment? Or perhaps, since many of these are chromatography\nstandards, a combination of concentration and total volume (perhaps 1 O h and 1 mL), below which pre-approval is\nnot required?\nRegardless of your response to the preceding two questions, we suggest that this topic may also be\nappropriate for international groups actively considering desensitized explosive rules, especially the GHS and\nTDG UN Subcommittees.\nThank you for your time and consideration.\nCheers.\n\n<<>>\n\nGuidance requested Page 2 of 2\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\n41 21490-8934, cell 41 21498-2458, fax 41 21490-8930\nwww.thermofisher.com\nThe world leader in sewing 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":5804}