{"operation":"document","citation":"11-0142","title":"Patterson Companies, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-01-05","effective_on":null,"summary":"11-0142 response to Patterson Companies, Inc. concerning 172.101.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0142.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0142.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0142","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110142.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department 1200 New Jersey Avenue SE\nof Transportation Washington. DC 20590\nPipeline and Hazardous\nMaterials Safety\nAdministration\nJAN 052012\nMr. Robb Boros\nCompliance Coordinator\nPatterson Companies, Inc.\nPatterson Logistics Services, Inc.\n1905 Lakewood Drive\nBoone, Iowa 50036\nRef. No. 11-0142\nDear Mr. Boros:\nThis is in response to your letter, and subsequent conversation with a member of my staff,\nrequesting clarification of the Hazardous Materials Regulations (HMR; 49 CPR Parts 171180)\napplicable to a suture product and needle packaged in a hermetically-sealed foiled\npouch containing between 1.2 mL and 1.5 mL of an isopropanol-based wetting agent with\na flashpoint of 12°C. In your letter, you state that upon opening a sample of your client's\nfoil pouch, free liquid was visibly present. You ask whether the proper shipping name\n\"Solids containing flammable liquids, n.o.s.\" is appropriate, and, is therefore subject to the\nHMR.\nBased on the scenario described in your letter, the answer is no, you may not use the\nproper shipping name \"Solids containing flammable liquids, n.o.s.\" Further, it is the\nopinion of this Office that your client's product is fully subject to the requirements of the\nHMR and another description must be selected appropriate to the packaged substance. The\nproper shipping name \"Solids containing flammable liquids, n.o.s.,\" in the § 172.101\nHazardous Materials Table refers the reader to § 172.102(c)(I) Special provision 47.\nSpecial provision 47 excepts from the HMR sealed packets that contain less than 10 mL of\na flammable liquid in Packing Group II or III when the liquid is completely absorbed onto\na solid material. Although your client's product contains less than 10 mL of a flammable\nliquid, the liquid is not completely absorbed onto a solid material and free liquid is visible.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nCorporate Office\n1031 Mendota Heights Road\nPATIERSON Fax 651.686.9331\nSaint Paul, Minnesota 55120\nMain 800.328.5536\nCOMPANIES, INC. www.pattersondental.com\nJune 9, 2011\nOffice of Hazardous Materials Standards\nPipeline and Hazardous Materials Safety Administration\nAttn: PHH-lO,\nU.S. Department of Transportation\n1200 New Jersey Avenue, SE, East Building\nWashington, DC 20590-0001\nI have been speaking with Adam in the Hazmat Information Center in an effort to obtain confirmation that the\nproduct described below is subject to the HMR. Although he did provide verbal confirmation, I am in need of a\nwritten response.\nThe suture product in question consists of an 18\" length of catgut attached to a small curved needle. The suture and\nneedle are placed in a hermetically sealed foil pouch with between 1.2ml and 1.5ml of an Isopropanol based wetting\nagent. The sealed foil packet is further sealed in another plastic/paper pouch.\nEach selling unit consists of twel ve packets in a heavy paper sleeve. Printed on the bottom panel of the selling unit it\nstates \"When product is packaged in fluid each package contains:\" then lists the components that comprise the\nwetting agent. [See sleeve.pdf]\nThe MSDS provided by our supplier indicates the wetting agent solution possesses a flash point of 12°C and is\nidentified as UN1219, Isopropanol solutions, a class 3 packing group II flammable liquid. [Wetting Agent SDS.pdf]\nIn a conversation with the supplier of the suture product, they stated the wetting agent is a free liquid. Upon opening\nand inverting the foil packet, liquid was present.\nAm I accurate in my understanding based on the information provided that when packaged with the alcohol-based\nwetting agent, the suture product is subject to the requirements of the HMR?\nSincerely,\nRobb Boros\nCompliance Coordinator\nPatterson Companies, Inc.\nPatterson Logistics Services, Inc.\n1905 Lakewood Drive\nBoone, Iowa 50036\n515.433.1700","truncated":false,"body_characters":3978}