{"operation":"document","citation":"09-0300","title":"Sartorius Stedim Filters, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-05-05","effective_on":null,"summary":"09-0300 response to Sartorius Stedim Filters, Inc. concerning 173.124, 173.21, 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0300.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0300.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0300","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090300.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation 1200 New Jersey Avenue, SE\nWAY ,., 4 2011 Washington, OC 20590\nPipeline and Hazardous Materials\nSafety Administration\nMr. Jose H. Braulio-Martinez\nSartorius Stedim Biotech Supply Chain Manager\nSartorius Stedim Filters, Inc.\nRoad 128 Int 376, P.O. Box 6\nYauco, Puerto Rico 00698\nReference No. 09-0300\nDear Mr. Braulio-Martinez:\nThis is in response to your letter, telephone conversations with a member ofmy staff, and emails\nconcerning \"UN 3270, Nitrocellulose membrane filters, with not more than 12.6%\nnitrogen, by dry mass, 4.1 (flammable solid), Packing Group (PG) II,\" your company\nmanufactures and distributes. You ask ifthese filters are excepted from regulation as a Division\n4.1 material under the requirements prescribed in Special Provision (SP) 43 of § 172.102 ofthe\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180). On July 22, 2010, you\nprovided this Office with United Nation's (UN) Gap, Scientific Weight, and Burn Rate test\nresults (Laboratory Report No.1 0045-1 0047) for these filters that were prepared on\nApril 22, 2010, 1:>Y Stresau Laboratory, Inc., for Speciality Disposal Services, Inc., of Mountain\nLakes, NJ.\nYou state the filters are manufactured in the shape ofa circular disc and range in diameter from\n13 millimeters (0.51 inches) to 90 millimeters (3.54 inches). You state the largest filter contains\n0.42 grams (0.02 ounces) ofnitrocellulose. You also state the package consists ofan inner\npackaging that contains 100 filters in one sealed packet with wax paper separators between each\nfilter, the packets are then placed in a plastic tray base, a tray cap is closed onto the top ofthe\nbase and held in place with two pieces oftape on opposite sides, and several closed tray\npackagings (e.g., 1,000 discs) are placed in one non-specification fiberboard box.\nUnder § 173.22, it is a shipper's responsibility to properly classify and describe a hazardous\nmaterial. This office does not normally perform that function. However, based on the\ninformation you provided, it is the opinion ofthis office that the nitrocellulose membrane filters\nyou describe do not qualifY for the two exceptions prescribed in SP 43. First, the laboratory test\nresults do not support their entire exclusion from the HMR. The filters meet the definition ofa\nDivision 4.1, PO II material, as defined by UN and U.S. Department of Transportation criteria\nfor testing flammable solids (see Modified UN Division 4.1 Burn Rate Test N.1 and 49 CFR\n173.124(a)), because \"the sample ignited and traveled a distance of 1 00 mm in 7.95 second, and\na wetting agent did not inhibit the propagation ofcombustion.\" Second, as stated in your\ncompany's material safety data sheet, improperly stored nitrocellulose membrane filters may\ndecompose and produce nitrous vapors or self-ignite, and when exposed to fire may also produce\n\n<<<PAGE 2>>>\n\nexplosive flames. Based upon this information, it appears that your product has the potential of\nbeing a self-ignition source. Ifthis is the case, your product is forbidden from transportation\ncommerce based on the requirements of § 173.21(t). Third, although you did not provide the\nmass ofall the filters your company manufactures, you did state the largest filter weighs 0.42\ngrams. Therefore, please note that your company's packaging of 100 filters in one sealed packet\nwill exceed the 0.5 gram limit that SP 43 requires to be enclosed individually within an article or\nsealed packet to be excepted from the HMR.\nI hope this satisfies your request.\nSincerely,\nc-7'//~~\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n2\n\n<<<PAGE 3>>>\n\nSartorius-Stedim Rlters, Inc, Road 126 Int 376, Yauco, Puerto Rico 00696\n~CH) 0 •\n'''000 0$00 • sartorius\n• \"oeo\n.0000\nEdtnanf>tJn\nbiotech\n~ 112. ./()1\n~ )1'2... 1()'2. SP-y~\nCOpe e c a. \\ Pro VI bf~ (').!.\nDQ-6-S0D\nContact: Sartorius-Stedim Filters, Inc.\nPO Box 6\nYauco, Puerto Rico 00698\nPhone: 787-856-5020\nFax: 787-856-1292/1-631-253-5104\nwww.sartorius-stedim.com\nEmail: jose.braulio@sartorius-stedim.com\nDate: 4 December 2009\nDear Sir I Madam\nSartorius Stedim Filters submit this request for interpretation.\nWe produce and ship Nitrocellulose membrane filters discs; UN number UN3270. These\nare 13mm to 90mm in diameter and packed in quantities of 1,000 discs. They are packed\nwith waxed paper disc separators between each filter disc, placed in a plastic tray (tray\nbase and cap); tray-cap are closed with two glued~tape pieces at opposite side and then\nplaced in shipping fiberboard boxes.\nThe amount ofNitrocellulose per disc is 0.42 g in the largest disc.\nOur request for interpretation is ; based on the Nitro cellulose amount and packaging type;\ncan we ship as non-hazardous based on 49 CFR parts 171~180; Special Provision 43.\nIfyou have questions I can be contacted at (787)856-5020.\nThanks in advance for your response.\nSincerely\nJose H. Braulio\nSupply Chain Manager","truncated":false,"body_characters":4962}