Thermo Fisher Scientific — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline~ and Hazardous Materialls Safety Admini~;tration 1200 New Jersey Avenue, SE Washington, D.C. 20590 DEC 0 5 2012 Mr. John G. Mayfield Manager, Dangerous Goods Transportation Customer Channels Group Thermo Fisher Scientific 300 Industry Drive Pittsburgh, P A 15275 Reference No.: 12-0166 Dear Mr. Mayfield: This is in response to your August 7, 2012 email and follow-up telephone discussion requesting clarification of the packaging requirements of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You observe that for Titanium powder, dry, UN2546, special provisions N5 and N34 are assigned to packing group II, but not to packing group I or Ill. Special provisions N5 and N34 respectively provide that glass or aluminum materials of construction are not authorized for any part of a packaging which is normally in contact with the hazardous material. You question the applicability of these two special provisions, note that you currently have this material, in packing group II, packaged in glass inner receptacles, and ask whether the glass inner receptacles are authorized for use under the HMR. The use of glass receptacles as an inner packaging for Titanium powder, dry, UN2546, packing group II, is not authorized under the HMR. As the HMR is currently written, for the material in packing group II, special provision N5 prohibits the use of glass materials of construction for any part of a packaging that is normally in contact with the hazardous material. You may wish to apply for a special permit in accordance with the requirements in § 107.105 to ship material as currently packaged. However, under both the International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the International Maritime Dangerous Goods (IMDG) Code, glass receptacles are authorized for use as inner packagings for this material in packing group II. If the material as described is shipped in accordance with the ICAO Technical Instructions or the IMDG Code, and complies with HMR § § 171.22, 171.23, 171.24, and 171.25 as applicable, then the use of glass inner receptacles is permitted.#

Page 2The appropriateness of the HMR assignment of special provisions N5 and N34 to Titanium powder, dry, UN 2546, packing group II may be considered for a future rulemaking. If you believe a change in HMR is warranted, you are welcome to file a petition for rulemaking in accordance with § 106.95 including all information (see § 106.100) needed to support your petition. I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, {)~hf4· Delmer Billings Senior Regulatory Advisor Standards and Rulemaking Division#

Page 3Drakeford, Carolyn (PHMSA) From: Sent: To: Subject: INFOCNTR (PHMSA) Tuesday, August 07, 2012 1:05PM Drakeford, Carolyn (PHMSA) FW: Letter of Interpretation . Ba btch c3 17;(. 10 { Appl icat:J.'! ;ry l2-. - Z> I to(P Carolyn, We received the following request for a formal letter of interpretation. Thanks, Victoria From: Mayfield, John G. [mailto:john.mayfield@thermofisher.com] Sent: Tuesday, August 07, 2012 11:52 AM To: INFOCNTR (PHMSA) Subject: Letter of Interpretation Hello: The 49 CFR 172.101 table appears to display an inconsistency in the special provision requirements (column 7) for Titanium powder, dry, UN2546. For packing group II it lists NS and N34 as requirements, but for packing groups I and Ill, no such notes are referenced. Since NS limits the use of glass inner packagings, and there does not appear to be any type of restriction on the packaging of this material, I am requesting an interpretation as to whether these notes are accurate. We have material presently packaged in glass inner containers and would appreciate a response as quickly as possible. You may contact me directly e-mail or by phone as listed below. Have a Safe Day, John G. Mayfield, DGSA Manager, Transportation Customer Channels Thermo Fisher Scientific 300 Industry Drive PA 15275 USA Phone 724 517-2449 FAX: 724 517-1546 Please note the new address and phone number effective March 201 '1 1#