{"operation":"document","citation":"11-0021","title":"Kajuligan Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-04-21","effective_on":null,"summary":"11-0021 response to Kajuligan Corporation concerning 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0021.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0021.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0021","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110021.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials\nSafety Administration\nAPR 21 ~Oil\n1200 New Jersey Ave, SE\nWashington. D.C. 20590\nMr. Clifford Croft\nDirector ofRegulatory Compliance\nKajuligan Corporation\n1533 Kirkwood Drive\nGeneva, IL 60134\nRef. No. 11-0021\nDear Mr. Croft:\nThis responds to your January 18,2011 request for clarification on the hazard class and proper\nshipping name for 46% Hydrogen Peroxide in a 3 ml syringe under the Hazardous Materials\nRegulations (HMR; 49CFR Parts 171-180). You state that the manufacturer is listing the\nclassification as \"UN 3139, Oxidizing liquid, n.o.s. (Hydrogen peroxide), 5.1, PG II\" on the\nMaterial Safety Data Sheet (MSDS). You disagree with the manufacturer's classification of this\nmaterial. Specifically, you ask for the proper hazard class and proper shipping name for this\nproduct.\nAs provided in § 173.22, it is the shipper's responsibility to properly classify a hazardous material.\nSuch determinations are not required to be verified by this office. Additionally, you provided no\ntest data or an MSDS to substantiate your disagreement with the manufacturer's classification of\nthis material. However, the Hazardous Materials Table (HMT) specifically lists \"Hydrogen\nperoxide, aqueous solution, with more than 40% but less than 60% hydrogen peroxide\" as a\nDivision 5.1, and requiring both an OXIDIZER and CORROSIVE label. If the hazard class of the\nmaterial you describe is questionable, the material should be tested for final hazard class\ndetermination.\nI hope this answers your inquiry. If you need additional assistance, please contact this office at\n202-366-8553.\nSincerely,\nI))\nL~\nBen Supko\nActing Chief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\n• Kajuligan Corporation\n1533 Kir1<wood Drive, Geneva, IL 60134\nJanuary 18,2010\nU.S. DOT\nPHMSA Office of Hazardous Materials Standards\nAttn: PHH-IO\nEast Building\n1200 New Jersey Avenue, SE.\nWashington, DC 20590-0001\nI would like to get a formal interpretation for the following. We are the distributor of a\ntooth whitening product that contains 46% Hydrogen Peroxide in a 3ml syringe. The\nmanufacturer is listing the classification as UN3139, Oxidizing liquid, n.o.s. (Hydrogen\nperoxide), 5.l, PGII on the MSDS. I feel the classification and description are incorrect\ndue to that a 46% concentration ofhydrogen .peroxide is typically corrosive as welL\nSymbols on the packaging indicates that the product is an oxidizer and corrosive materiaL\nThe MSDS just indicates the material is an oxidizer.\nThe description the manufacturer is using would allow this material to be ship as an\nexcepted quantity by air. Ifthey had used UN2014, Hydrogen peroxide aqueous solution,\n5.1 (8), PGII it would not be allowed to ship by air unless they passed a comparative fire\ntest required by special provision A60.\nIt is my understanding that we are required to select the most appropriate proper shipping\nname. I don't feel the manufacturer has done so in this case. I am looking for guidance\non the proper classification for this item.\nIfyou require any additional information please let me know.\nSincerely,\nClifford Croft\nDirector ofRegulatory Compliance\nKajuligan Corp.\nPhone: 630-2154509 Fax: 913-339-9779\nPhone: 913-522-1036","truncated":false,"body_characters":3287}