Thermo Fisher Scientific — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave., SE Washington, DC 20590 AUG 2 6 2009 Mr. Gene Sanders Thermo Fisher Scientific 2000 Park Lane Pittsburgh, PA 15275 Ref. No. 09-0070 Dear Mr. Sanders: This responds to your e-mail requesting confirination that your company's High Pressure Liquid Chromatography (HPLC) column is not regulated under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). According to your e-mail, the HPLC columns are constructed of steel tubing and filled with inert packing material that is wetted with a flammable liquid. The columns contain no free-flowing liquid and the ends are sealed with caps or plugs. Based on the information provided in your e-mail, it is the opinion of this Office that your company's HPLC columns are in a quantity and form that do not pose a risk in transportation. Therefore, the HPLC columns are not regulated under the HMR. I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 2Page 1 of 2 - Drakeford. Carolvn <PHMSA> 9- w -- ,- - -- * "% ww-. "*-- -" - -- *-- - - -" From: Gorsky, Susan <PHMSA> Sent: Tuesday, March 24, 2009 3:18 PM oq - 00 70 To: Drakeford, Carolyn <PHMSA> Subject: FW: Reply to your e-mails of 4/25/08 and 3/9/09 Attachments: HPLC column LARGE.jpg; HPLC columns.jpg; Thermo HPLC column.jpg From: Ke, Charles <PHMSA> Sent: Tuesday, March 24, 2009 2:35 PIY To: Gorsky, Susan <PHMSA> Cc: Ke, Charles <PHMSA>; Sanders, Gene; Richard, Bob <PHMSA>; Hochman, Charles <PHMSA> Subject: FW: Reply to your e-mails of 4/25/08 and 3/9/09 Susan, Per the e-mail below, Mr. Sanders is requesting an interpretation letter to clarify the issue of transporting HPLC columns. I agree with Mr. Sanders that the HPLC columns are not hazardous materials. I have drafted the following as input to the interpretation letter: "You stated that a HPLC (Higli Pressure Liquid Chromatography) column constructed from steel (metal) tube filled with inert packing materials which are wetted with liquids. There is no free flowing liquid in the column and the ends of the column are sealed with caps or plugs. You further stated that such a HPLC column is not subject to the requirements of HMR." "We qgree with you that it is not regulated". My drafted wordings are not exact but to provide you with the necessary information for drafting a formal reply. Charles Ke From: Sanders, Gene [mailto:gene.sanders@thermofisher.com] Sent: Tuesday, March 17, 2009 5:02 PM To: Ke, Charles <PHMSA>; Richard, Bob <PHMSA> Cc: Mayfield, John Subject: RE: Reply to your e-mails of 4/25/08 and 3/9/09 Dr. Ke, Yes, we would like an interpretation that HPLC columns filled with flammable liquid are not subject to the HMR. Yes, once they are inside the columns the 'liquids' will not flow. Yes, HPLC columns are shipped with caps or plugs on the ends. Dr. Richard, Per your e-mail, some photos are attached Thank you both for your continuing assistance. Cheers, Gene S. --- -- < 3 ,#