Micro Scientific Industries, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave, SE Washington, D.C. 20590 Mr. Jack Wagner Director, Scientific and Regulatory Affairs Micro Scientific Industries, Inc. 1225 Carnegie Street, Suite 101 Rolling Meadows, IL 60008 Ref. No. 10-0112 Dear Mr. Wagner, This responds to your letter dated May 7, 2010 requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as they apply to an aqueous solution of alcohol that your company ships. The material that you ship contains 20% isopropyl alcohol, more than 75% water, and less than 5% of various non-hazardous surfactants. Specifically, you ask if the product described meets the exception for aqueous solutions of alcohol under the HMR. The answer is yes. Aqueous solutions ofalcohol, that contain no other hazardous materials, are excepted from the requirements ofthe HMR when they contain 24% or less alcohol by volume and no less than 50% water. I hope this information is helpful. If you have further questions, please contact this Office. Sincerely, ~tb~#

Page 2MICRO Where innovation / ~ and knowledge SCIENTIFIC are our most INDUSTRIES, INC. important products. "--/ . f-l elile-VlI(U,li? May 7,2010 ~ 113.1500) £..x. c. ept-i 0 VI S John A. Gale U.S. Department of Transportation 10- 0112.. Pipeline and Hazardous Materials Safety Administration Office of Hazardous Materials Standards 400 Seventh Street, S.W. Washington, D.C. 20590 RE: Clarification on applicability of CFR §173.150(e) Dear Mr. Gale: We are submitting this letter to request clarification as to whether or not a product that we ship is subject to the Hazardous Materials Regulation (HMR) or exempt as an "aqueous solution of alcohol" pursuant to 49 CFR §173.150(e). The product contains 200 /0 isopropyl alcohol and greater than 75% water and the remaining ingredients are nonhazardous surfactants. Qnderstanding that according to §173.150(e) an aqueous solution of alcohol mp,~~;oe!re(:laS!)1T ed as a combustible liquid, and is not subject to the HMR when it rfir,f:lii ·,,,,oc.,_,,,n or less alcohol by volume, no other hazardous material, and greater than Are we correct that our solution does meet the provisions in §173.150(e) st~cl:ah'iort' to HMR when transported by all modes? However, transportation by ~~·~,sel is not authorized except where other means of transportation is n9 correct? Your written response is greatly appreCiated. and Regulatory Affairs 1225 CARNEGIE STREET, SUITE 101 ROLLING MEADOWS, IL 60008, USA P 847-454-0835 F 847-454-0837 www.opticide.com#