{"operation":"document","citation":"09-0069","title":"Thermo Fisher Scientific — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-04-15","effective_on":null,"summary":"09-0069 response to Thermo Fisher Scientific concerning 172.101, 173.22, 173.4.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0069.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0069.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0069","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2009/090069.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials\nSafety Administration\nAPR 1 5 2009\n1200 New Jersey Ave, S.E.\nWashington, D.C. 20590\nMr. Gene Sanders, DGSA\nSenior Dangerous Good Transportation Specialist\nThermo Fisher Scientific\n2000 Park Lane\nPittsburgh, PA 15275\nRef. No. 09-0069\nDear Mr. Sanders:\nThis responds to your February 19,2009 email requesting clarification of the\nclassification and description of your product under the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171 -1 80). Specifically, you request confirmation that you\nappropriately class and describe a solution of >99.0 % methanol and less than <1 .O% 2,4-\nDinitrophenol as \"UN1230, Methanol solution, 3, II\" and whether the product is eligible\nfor small quantities exceptions.\nUnder 5 173.22, it is the shipper's responsibility to class a hazardous material. This\nOffice does not normally perform this fbnction. 2,4-Dinitrophenol is explosive when dry\nand requires approval from the Associate Administration prior to transport of the\nmaterial. However, it is the opinion of this Office that your solution of <1 .O%\nDinitrophenol (UN0076) is sufficiently diluted so that it is not regulated as a Class 1\nexplosive or as a Class 3 desensitized explosive nor is it regulated as a Division 6.1\npoisonous material. Therefore, \"UN1230, Methanol, 3,II\" is appropriate to describe\nyour product and the product would be eligible for small quantity exceptions under\n173.4. We note that the qualifying word \"solution\" must not be added to the proper\nshipping name. For purposes of the HMR, use of the qualifying word applies to a\nsolution comprised of a hazardous material identified in the 5 172.101 Hazardous\nMaterials Table (HMT) and a non-hazardous material.\nI hope this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\n\n<<<PAGE 2>>>\n\nTransport classification verification requested Der Krndevw Page 1 of 2\nDrakeford, Carolyn cPHMSA>\n- * - - - * - - - - \" - * -**.\"--* ---- \" - - ..\n- - \" --\nFrom: Gorsky, Susan <PHMSA> ofl\nSent: Friday, February 20, 2009 9:36 AIM\nTo: Drakeford, Carolyn <PHMSA>\nSubject: FW: Transport classification verification requested\nAttachments: Ultra Sci EPAI 114.pdf\nCarolyn,\nPlease enter this as an interpretation request. Thanks.\nSusan\nFrom: Sanders, Gene [mailto:gene.sanders@thermofisher.com]\nSent: Thursday, February 19, 2009 3:55 PM\nTo: Watson, Spencer cPHMSA>; Gorsky, Susan <PHMSA>\nCc: Mayfield, John\nSubject: Transport classification verification requested\nDr. Watson and IVls. Gorsky,\nThermo Fisher Scientific has a supplier's product in one of our warehouses that we'd like to re-ship to a\ncustomer. Since re-shippers are independently responsible for compliance with the HIVIR, we are requesting your\nreview of our classification.\nThe product, supplied by Ultra Scientific (MSDS attached, referenced as EPA-1114), has less than 1 % of\n2,4-Dinitrophenol, in greater than 99% Methanol. There are three Dinitrophenol Proper Shipping Names listed in\nthe Hazardous Materials Table, but none seem applicable.\nUN0076, Dinitrophenol, dry, isn't appropriate because it isn't dry.\nUN0076, Dinitrophenol, wetted (with less than 15% water), isn't appropriate because there isn't any water in the\nproduct.\nUN1320, Dinitrophenol, wetted (with more than 15% water), isn't appropriate because there's no water\nUN1599, Dinitrophenol solutions, isn't appropriate because it doesn't describe the flammability hazard.\nIt seems quite likely that the 99+% Methanol has desensitized the 2,4-Dinitrophenol, especially when\ncompared to the 15% water needed to achieve that task. And at less than 1%, the toxicity contribution of the 2,4-\nDinitrophenol to the overall hazards of the product would be negligible (the 30 mglkg oral rat LD50 for the pure\nmaterial would be diluted to >3,000 mglkg calculated LD50).\nSo, we propose using a classification of UN1230, Methanol solution, 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.\nDo you agree with these conclusions? Thank you.\nCheers,\nGene Sanders, DGSA\nSenior Dangerous Goods Transportation Specialist\n\n<<<PAGE 3>>>\n\nTransport classification verification requested Page 2 of 2\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\nwww.thermofisher.com\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.\n<<Ultra Sci EPAI 114.pdf>>\n\n<<<PAGE 4>>>\n\nUltra Scientific - Material Safety Data Sheet Page 1 of 2\nMaterial Safety Data Sheet\nULTRA Scientific. 250 Smith Street - North Kingstown, RI, USA 02852 - 401-294-9400\nProduct #: EPA-1114 Last Update: 1111412006\nSection I Product Identification\nName: 2,4-Dinitrophenol Solution\nSolvent : methanol (methyl alcohol)\nSection II Composition I Information on Ingredients\nComponent C AS# % b y Wt. LD50 OSHA PEL ACGlH TLV RTECS # Codes\nmethanol 000067-56-1 99.36789 12900 mglkg oral mouse 200 ppm 200 ppm PC1400000 G\n2,4-dinitrophenol 000051-28-5 0.6321 1 30 mglkg oral rat NIA NIA SL2800000 G\nCodes: A-OSHA regulated carcinogen; B-IARC Group 1 carctnogen; C-IARC Group 2A carcinogen; D-IARC Group 28 carcinogen;\nE-NTP Group 1 carcinogen; F-NTP Group 2 carcinogen; G-SARA Title Ill compound; H-California Proposition 65 compound.\nSection Ill Hazards Identification\nToxic; irritant\nAll chemicals should be considered hazardous - direct physical contact should be avoided.\nSection IV First Aid Measures\nInhalation: If inhaled, remove to fresh air. Give oxygen, if necessary. Contact a physician.\nSkin In case of skin contact, flush with copious amounts of water. Remove contaminated clothing.\nContact: Contact a physician.\nIn case of eye contact, flush with copious amounts of water, lifting eyelids occasionally. Contact a\nEye Contact: physician,\nIngestion: If ingested, contact poison center immediately for recommended procedure. Contact a physician.\nSection V Fire Fighting Measures\nFire and Explosion Hazard Data for Solvent\nFire Hazard: flammable\nExtinguishing Media: Carbon dioxide, dry chemical powder, or water spray.\nSection VI Accidental Release Measures\nVentilate area of the leak or spill. Wear appropriate personal protective equipment as specified in Section VIII. A\nleaking bottle, vial, or ampule may be placed in a plastic bag, and normal disposal procedures followed. Take up\nspilled material with sand or other non-combustible absorbant material, and place in an appropriate container for\nlater disposal. Flush spill area with water.\nSection VII Handling and Storage\nMay be stored at room temperature\nKeep in a tightly closed container, and store in a corrosion proof area.\nThis product should only be used by persons trained in the safe handling of hazardous chemicals.\nSection Vlll Exposure Controls I Personal Protection\nEnsure that there is adequate ventilation to prevent airborne levels from exceeding recommended exposure limits\n(see Section 11). Use appropriate MSHAINIOSH approved safety equipment. Wear chemical goggles, face shield,\ngloves, and chemical resistant clothing, such as a laboratory coat andlor a rubber apron, to prevent contact with\neyes, skin, and clothing.\nSection IX Physical and Chemical Properties\n\n<<<PAGE 5>>>\n\nUltra Scientific - Material Safety Data Sheet Page 2 of 2\nPhysical Data for Solvent\nMelting Pt.: -98°C Boiling Pt.: 64.8\"C Density: 0.791\nVapor Pressure: 100 mmHg @ 21.2\"C Vapor Density: 1 .I Water Solubility: soluble\nAppearance: colorless liquid Odor: NIA Flash Point: 52°F\nAuto-Ignition Temperature: 725°F LEL: 6.7 UEC: 36\nSection X Stability and Reactivity\nReactivity Data for Solvent\nStability: stable Incompatibilities: strong oxidizers\nHazardous Decomposition Products: NIA\nHazardous Effects of Polymerization: none\nSection XI Toxicological Information\nSee Section II for specific toxicological information for the ingredients of this product.\nSection XI1 Ecological Information\nNo information is available.\nSection Xlll Disposal Considerations\nRecycle, if possible. Any material which cannot be saved for recovery or recycling should be disposed of at an\nappropriate and approved waste disposal facility. Processing, use, andlor contamination of this product may\nchange waste management requirements. Observe all applicable federal, state, and local environmental\nregulations concerning disposal.\nSection XIV Transport lnformation\nShipment Type: Chemical Kits\nLIN Number: UN3316 Shipping Class: 9 Packing Group: NIA\nSection XV Regulatory Information\nEU Directives Classification\nR: 1 1-23124125-39123124125\nRisk Statements: Highly flammable. Toxic by inhalation, in contact with skin and if swallowed. Toxic: danger of\nvery serious irreversible effects through inhalation, in contact with skin and if swallowed.\nS: 7-16-36137-45\nSafety Statements: Keep container tightly closed. Keep away from sources of ignition -- No smoking. Wear\nsuitable protective clothing and gloves. In case of accident or if you feel unwell, seek medical advice immediately\n(show the label where possible).\nSection XVI Other lnformation\nThe above information is believed to be correct, but does not purport to be all-inclusive. This data should be used\nonly as a guide in handling this material. ULTRA Scientific, Inc., shall not be held liable for any damage resulting\nfrom handling or from contact with the above product.\nCopyright O 2001 - 2007 by ULTRA Scientific, Inc.","truncated":false,"body_characters":9843}