Patterson Companies, Inc. c/o Patterson Logistics Services, Inc — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC. 20590 JUL 0 3 2013 Mr. Robb Boros Patterson Companies, Inc. c/o Patterson Logistics Services, Inc. I 905 Lakewood Drive Boone, IA 50036 RefNo.: 13-0135 Dear Mr. Boros: This is a response to your June 24, 2013 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) with regard to the selection of a proper shipping name. Specifically, you seek clarification on whether you may use the hazardous materials description "UN1266, Perfumery products," for a product used as a disinfectant or cleaner and not as a perfume. In accordance with § 173.22, it is the shipper's responsibility to properly class and describe a hazardous material. This Office does not perform that function. There is no definition for ''perfumery products" in the HMR. However, perfume is typically defined as a f1uid preparation used for scenting, composed of natural essences or synthetics and a fixative. Given that the primary function of your product is not as a perfume, but rather, a product intended to be used as a disinfectant or cleaner, the description the description of"UN1266, Perfumery products" would not be appropriate. I hope this information is helpful. If you have any more questions, please do not hesitate to contact this office. Sincerely, 7~~~ Robert Benedict Chief, Standards Development Standards and Rulemaking Division ---------------- --------------#

Page 25u~k. ~ J1 /. 8 Drakeford, Carolyn (PHMSA) § 17'2>, l 0 J I From: INFOCNTR (PHMSA) De-Pi() i h Or15 Sent: To: Drakeford, Carolyn (PHMSA) I 3-0£3 Monday, June 24,2013 4:30PM 5 Subject: FW: Latter requesting interpretation regarding the definition of Perfumery product. Hi Carolyn, This caller requested we submit this e-mail as a formal letter of interpretation. Thanks, Victoria From: robb.boros@pattersoncompanies.com [mailto:robb.boros@pattersoncompanies.com] Sent: Monday, June 24, 2013 1:41PM To: INFOCNTR (PHMSA) Subject: Latter requesting interpretation regarding the definition of Perfumery product. According to Dictionary.com a perfume is a substance, extract, or preparation for diffusing or imparting an agreeable or attractive smell, especially a fluid containing fragrant natural oils extracted from flowers, woods, etc., or similar synthetic oils. In order for a material to be eligible to use the shipping description Perfumery product, UN1266 would its primary end-use function need to meet the definition referenced above for perfume? Would a material that meets the definition of a flammable liquid, where the a material with a primary function not described as a perfumery product , such as a cleaner or disinfectant, be eligible to use shipping description Perfumery products, UN1266? Thanks Robb Boros Regulatory Compliance Specialist Patterson Companies, Inc. 515.433.1700 (Fax 1701) NOTICE: This email transmission and any attachments that accompany it may contain information that is confidential or otherwise exempt from disclosure under applicable law and is intended solely for the use of the individual(s) to whom it was intended to be addressed. If you have received this email by mistake, or you are not the intended recipient, any disclosure, dissemination, distribution, copying or other use or retention of this communication or its substance is prohibited. If you have received this communication in error, please immediately report to the author via email that you received this message by mistake and also permanently destroy printed copies and delete the original and all copies of this email and any attachments from your computer. 1#