Hazardous Materials Safety Interpretation 11-0133

Page 1u.s. Department 1200 New Jersey Avenue SE Washington. DC 20590 of Transportation Pipeline and Hazardous Materials Safety Administration sr:p 1 2 2011 Mr. Zac Childers Dangerous Goods Classification Specialist Customer Channels Group Thermo Fisher Scientific 300 Industry Drive Pittsburgh, PA 15275 Reference No. 11-0133 Dear Mr. Childers: This responds to your June 1, 2011 letter and subsequent email correspondence with a member ofmy staff requesting clarification ofthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether Gieson's solution, consisting of 1.23% picric acid (trinitrophenol), less than 1 % acid fuchsine, less than 0.1 % diazolidinyl urea and approximately 98% water, is regulated under the HMR. Under § 173.22, it is the shipper's responsibility to classifY a hazardous material. This Office does not normally perform this function. However, as the proper shipping name "Trinitrophenol, wetted" applies to trinitrophenol mixed with not less than 30 percent water by mass and no other materials, we agree with your conclusion that Gieson's solution should not be described as such. Our research has provided conflicting information regarding the corrosivity of Gieson' s solution. For example, some data indicates that a 1.23% concentration ofpicric acid is sufficiently diluted so that the solution is not regulated as a Division 4.1 material. Further, we do not have the capability to determine the corrosivity ofan unlisted material, such as a mixture, without the results oftests conducted on the material as specified in §§ 173.136 and 173.137. Ifyou are not able to perform corrosivity testing on your material, we recommend that you contact a laboratory capable ofperforming such testing. The American Society for Testing and Materials (ASTM) maintains a website that offers a directory of laboratories that can satisfY this requirement. The ASTM website can be found at: www.astm.org. I trust this satisfies your inquiry. Please contact us ifwe can be of further assistance. sm~s~ Ben Supko Chief, Standards Development Branch Standards and Rulemaking Division#

Page 2\AJ iVl+e-( ~ ,1,z .Ibl ~jppl''?j No.lh€) CIf(6StI:~m ThermoFisher JJ- 0133 SCIENTIFIC June 1, 2011 Dr. Charles Ke US Department of Transportation Re: Van Geison/Gieson's solution Classification Dear Dr. Ke: The purpose of this letter is to request clarification on the classification of Van Geison/Gieson's solution under the Hazardous Materials Regulations. Van Geison/Gieson's solution is a product used in the medical industry, primarily as a histology tissue stain. The maximum percentages of the primary ingredients are: picric acid (trinitrophenol) at 1.23%, acid fuchsine (CAS: 3244-88-0) at < 1 %, diazolidinyl urea (CAS: 78491-02-8) at < 0.1 %, and water as the balance at approximately 98%. We believe that Van Geison/Gieson's solution should not be classified as trinitrophenol, wetted with not less than 30% water, 4.1, UN 1344, I. We feel that the addition of acid fuchsine and diazolidinyl urea to the mixture do not contribute to the activity of the trinitrophenol, and that the final product should not be classified as explosive or reactive. However, we do feel that this material should be classified under the HMR. Due to the percentages of acid fuchsine and picric acid, along with a strongly acidic pH value of < 2, we propose the classification for transportation as: Corrosive Liquid, Acidic, Organic, N.O.S. (Acid fuchsine, Picric acid), 8, UN3265, III Do you agree with our assessment and classification? Thank you in advance for your time and consideration in this matter. Kind regards, lac Childers Dangerous Goods Classification Specialist Customer Channels Group Thermo Fisher Scientific 300 Industry Drive Pittsburgh, PA 15275 Tel: (724) 517-1616 Fax: (724) 517-1546 zachary.childers@thermofisher.com#

Page 3SCIENTIFIC Material Safety Data Sheet Creation Date 09-Mar-2oo9 Revision Date 09-Mar-2009 Revision Number 1 Product Name Cat No. Synonyms Recommended Use Company Richard Allan Scientific A Subsidiary of Thermo Fisher Scientific 4481 Campus Drive Kalamazoo, MI 49008 Tel: (800) 522-7270 Chromaview Van Geison 88011 No information available. Laboratory chemicals Emergency Telephone Number Chemtrec US: (800) 424-9300 Chemtrec EU: (202) 483-7616 DANGER! Emergency Overview Causes burns by all exposure routes. \Appearance Amber Physical State Liquid odor odorless Target Organs Potential Health Effects Acute Effects Principle Routes of Exposure Eyes Skin Inhalation Ingestion Chronic Effects Skin, Respiratory system, Eyes, Gastrointestinal tract (GI) Causes burns. Causes burns. May be harmful in contact with skin. Causes burns. May be harmful if inhaled. Causes burns. May be harmful if swallowed. Mutatagenic effects have occured in microorganisms.. See Section 11 for additional Toxicological information. Aggravated Medical Conditions No information available. HazJNon-haz Component CAS-No Weight % Page 1/8#

Page 4Thenno Fisher Scientific - Chromaview Van Geison Revision Date 09-Mar-2009 Water 7732-18-5 >98 Diazolidinvl urea 78491-02-8 < 0.1 Picric acid 88-89-1 1.23 Acid fuchsine 3244-88-0 < 1.0 Eye Contact Skin Contact Inhalation Ingestion Rinse immediately with plenty of water, also under the eyelids, for at least 15 minutes. Immediate medical attention is required. Wash off immediately with plenty of water for at least 15 minutes. Immediate medical attention is required. Move to fresh air. If breathing is difficult, give oxygen. Do not use mouth-to-mouth resuscitation if victim ingested or inhaled the substance; induce artificial respiration with a respiratory medical device. Immediate medical attention is required. Do not induce vomiting. Call a physician or Poison Control Center immediately. Notes to Physician Treat symptomatically. Flash Point No information available. Method No information available. Autoignition Temperature No information available. Explosion Limits Upper No data available Lower No data available Suitable Extinguishing Media Substance is nonflammable; use agent most appropriate to extinguish surrounding fire.. Unsuitable Extinguishing Media No information available. Hazardous Combustion Products No information available. Sensitivity to mechanical impact No information available. Sensitivity to static discharge No information available. Specific Hazards AriSing from the Chemical Corrosive Material. Causes burns by all exposure routes. Protective Equipment and Precautions for Firefighters As in any fire, wear self-contained breathing apparatus pressure-demand, MSHAINIOSH (approved or equivalent) and full protective gear. Thermal decomposition can lead to release of irritating gases and vapors. NFPA Health 3 Flammability 0 Instability 0 Physical hazards N/A Personal Precautions Use personal protective equipment. Ensure adequate ventilation. Keep people away from and upwind of spill/leak. Evacuate personnel to safe areas. Do not get in eyes, on skin, or on clothing. Page 218#

Page 5Thermo Fisher Scientific - Chromaview Van Geison Revision Date 09-Mar-2009 Environmental Precautions Should not be released into the environment. Methods for Containment and Clean Soak up with inert absorbent material. Keep in suitable and closed containers for disposal. Up Handling Storage Use only under a chemical fume hood. Wear personal protective equipment. Do not get in eyes, on skin, or on clothing. Do not breathe vapors or spray mist. Do not ingest. Keep containers tightly closed in a dry, cool and well-ventilated place. Corrosives area. Engineering Measures Use only under a chemical fume hood. Ensure that eyewash stations and safety showers are close to the workstation location. Exposure Guidelines ComDonent Picric acid ACGIHTlV TWA: 0.1 mg/m3 OSHA PEL (Vacated) TWA: 0.1 mg/m3 Skin TWA: 0.1 mg/m3 NIOSH IDlH IDlH: 75 mg/m3 TWA: 0.1 mg/m3 STEL: 0.3 ma/m3 Component Quebec Mexico OEl (TWA) Ontario TWAEV Picric acid TWA: 0.1 mg/m3 TWA: 0.1 mg/m3 STEL: 0.3 mg/m3 TWA: 0.1 mg/m3 STEL: 0.3 mg/m3 Skin NIOSH IDLH: Immediately Dangerous to Life or Health Personal Protective Equipment Eye/face Protection Wear appropriate protective eyeglasses or chemical safety goggles as described by OSHA's eye and face protection regulations in 29 CFR 1910.133 or European Standard EN166. Skin and body protection Wear appropriate protective gloves and clothing to prevent skin exposure. Respiratory Protection Follow the OSHA respirator regulations found in 29 CFR 1910.134 or European Standard EN 149. Use a NIOSH/MSHA or European Standard EN 149 approved respirator if exposure limits are exceeded or if irritation or other symptoms are experienced. Physical State Appearance odor Odor Threshold pH Vapor Pressure Vapor Density Viscosity Boiling Point/Range Melting Point/Range Decomposition temperature Flash Point Evaporation Rate Liquid Amber odorless No information available. <2 No information available. No information available. No information available. No information available. No information available. No information available. No information available. No information available. Page 3/8#

Page 6Thenno Fisher Scientific - Chromaview Van Geison Revision Date 09-Mar-2009 1. No information available. No data available Stability Conditions to Avoid Incompatible Materials Hazardous Decomposition Products Hazardous Polymerization Hazardous Reactions. Stable under normal conditions. Incompatible products. Excess heat. Strong oxidizing agents Carbon monoxide (CO). Carbon dioxide (CO:!) Hazardous polymerization does not occur. None under normal processing.. Acute Toxicity Product Information No acute toxicity information is available for this product LC50 Inhalation Not listed Not listed Irritation Toxicologically Synergistic Products Causes burns by all exposure routes No information available. Chronic Toxicity Carcinogenicity There are no known carcinogenic chemicals in this product Sensitization Mutagenic Effects Reproductive Effects Developmental Effects Teratogenicity No information available. No information available. No information available. No information available. No information available. Page 4/8#

Page 7Thermo Fisher Scientific - Chromaview Van Geison Revision Date 09-Mar-2009 Other Adverse Effects The toxicological properties have not been fully investigated .. See actual entry in RTECS for complete information. Endocrine Disruptor Information No information available Ecotoxicity Do not empty into drains Persistence and Degradability No information available Bioaccumulationl Accumulation No information available Mobility Com onent I Pow Water -1.87 Acid fuchsine -6.46 Waste Disposal Methods Chemical waste generators must determine whether a discarded chemical is classified as a hazardous waste. Chemical waste generators must also consult local, regional, and national hazardous waste regulations to ensure complete and accurate classification. DOT UN-No Proper Shipping Name Proper technical name Hazard Class Packing Group UN3265 CORROSIVE LIQUID, ACIDIC, ORGANIC, N.O.S. (Acid fuchsin, Picric acid) a III TDG UN-No Proper Shipping Name Hazard Class Packing Group UN3265 CORROSIVE LIQUID. ACIDIC, ORGANIC. N.O.S. a III lATA UN-No Proper Shipping Name Hazard Class Packing Group UN3265 a III CORROSIVE LIQUID, ACIDIC, ORGANIC, N.O.S. Page 5/8#

Page 8Thenno Fisher Scientific - Chromaview Van Geison Revision Date 09-Mar-2009 IMDG/IMO UN-No UN3265 Proper Shipping Name CORROSIVE LIQUID, ACIDIC, ORGANIC, N.O.S. Hazard Class 8 Packing Group III Intemationallnventories Component TSCA DSL NDSL EINECS ELiNCS NLP PICCS ENCS AlCS CHINA KECL Water X X - 1 231-791I 2 - X - X X X Diazolidinyl urea X X - 1 278-9282 - X - X X KE03215 X Picric acid X X - 201-8659 - X X X X KE34715 X Acid fuchsine X X - 221-8165 - X X X X - Legend: X- Listed E - Indicates a substance that is the subject of a Section 5(e) Consent order under TSCA. F - Indicates a substance that is the subject of a Section 5(f) Rule under TSCA. N • Indicates a polymeric substance containing no free-radical initiator In Its inventory name but is considered to cover the designated polymer made with any free-radical initiator regardless of the amount used. P - Indicates a commenced PMN substance R - Indicates a substance that is the subject of a Section 6 risk management rule under TSCA. S - Indicates a substance that Is identified In a proposed or final Significant New Use Rule T - Indicates a substance that Is the subject of a Section 4 test rule under TSCA. XU - Indicates a substance exempt from reporting under the Inventory Update Rule, i.e. Partial Updating of the TSCA Inventory Data Base Production and Site Reports (40 CFR 710(8). Y1 - Indicates an exempt polymer that has a number-average molecular weight of 1,000 or greater. Y2 - Indicates an exempt polymer that is a polyester and is made only from reactants Included In a specified list of low concern reactants that comprises one of the eligibility criteria for the exemption rule. U.S. Federal Regulations TSCA 12(b) Not applicable SARA 313 Component CAS-No Weight % SARA 313 - Threshold Values % Picric acid 88-89-1 1.23 1.0 SARA 311/312 Hazardous Categorization Acute Health Hazard . Yes Page 6/8#

Page 9Thenno Fisher Scientific - Chromaview Van Geison Revision Date 09-Mar-2009 Chronic Health Hazard Fire Hazard Sudden Release of Pressure Hazard Reactive Hazard Clean Water Act Not applicable No No No No Clean Air Act Not applicable OSHA Not applicable CERCLA Not Applicable California Proposition 65 This product does not contain any Proposition 65 chemicals. State Right-to-Know Massachusetts New Jerse Illinois Rhode Island x x x U.S. Department of Transportation Reportable Quantity (RQ): N DOT Marine Pollutant N DOT Severe Marine Pollutant N U.S. Department of Homeland Security This product contains the following DHS chemicals: Com anent DHS Chemical Faclli Anti-Terrorism Standard Picric acid 2000lbSTQ Other International Regulations Mexico· Grade No information available Canada This product has been classified in accordance with the hazard criteria of the Controlled Products Regulations (CPR) and the MSDS contains all the infonnation required by the CPR. WHMIS Hazard Class E Corrosive material Page 7/8#

Page 10Thermo Fisher Scientific - Chromaview Van Geison Revision Date 09-Mar·2009 Prepared By Regulatory Affairs Thermo Fisher Scientific Tel: (412) 490-8929 Creation Date 09-Mar·2009 Print Date 09-Mar-2009 Revision Summary "***", and red text indicates revision Disclaimer The information provided on this Safety Data Sheet Is correct to the best of our knowledge, information and belief at the date of its publication. The Information given is designed only as a guide for safe handling, use, processing. storage, transportation, disposal and release and is not to be considered as a warranty or quality speCification. The information relates only to the speCific material designated and may not be valid for such material used in combination with any other material or in any process, unless specified in the text End of MSDS Page 8/8#

Page 11\Winter, Lisa (PHMSA) From: Childers, Zachary A. [zachary.childers@thermofisher.com] Sent: Thursday, July 28, 2011 1 :05 PM To: Winter, Lisa (PHMSA) Subject: RE: Interpretation Request Regarding the Classification of Gieson's solution Attachments: 88011_MSDS.pdf Lisa, Good afternoon. The product is manufactured by one of our sister companies, Thermo Scientific - Anatomical Pathology division (formerly Richard Allan Scientific). Their current MSDS is attached. I spoke with a member of their dangerous goods transport team, who informed me that the pH of this mixture has actually been tested, &that the values fall within the 1.40 - 1.85 range. She further explained that this was their reason for classifying as a class 8, corrosive material. Members of both companies/divisions are willing to reevaluate the material & consider making it non-regulated for transport. However, the corrosive vs. non-regulated issue becomes a moot pOint if we are unable to obtain approval to ship the material (a diluted/desensitized e~plosive). Please let me know what you decide thanks again. Zac From: lisa.winter@dot.gov [mailto:lisa.winter@dot.gov] Sent: ThursdaYI July 28/ 2011 7:56 AM To: Childersl Zachary A. Subject: RE: Interpretation Request Regarding the ClaSSification of Gieson's solution Good morning Zac, You're request was clear. We're just wondering if in fact the material you are shipping is regulated as a hazardous material. If the manufacturer has an MSDS, that would be helpful. Thank you, Lisa Sincerely, lisa (Winter) O'Donnell Transportation Regulations Specialist Pipeline and Hazardous Materials Safety Administration United States Department of Transportation 202.366.6415 http://www.phmsa.dot.gov/hazmat From: Childers, Zachary A. fmailto:zachary.childers@thermofisher.com] Sent: Wednesday, July 271 2011 4:56 PM To: Winterl Lisa (PHMSA) Subject: RE: Interpretation Request Regarding the Classification of Gieson's solution 1#