Medivators — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 APR 2 2 /014 Mr. Richard M. Ormsbee Corporate Regulatory Affairs Manager Medivators 14605 28th Avenue North Minneapolis, MN 5544 7 Ref. No. 14-0052 Dear Mr. Ormsbee: This responds to your March 17, 2014letter requesting clarification of the hazard classification requirements for a corrosive material under the ofthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). In your letter, you indicate that you have tested the material in accordance with§ 173.137(c)(l) and§ 173.137(c)(2) and provide the test results. You ask us to confirm that the results show that the involved material is not regulated under the HMR as a corrosive material. In your letter you state that a skin corrosion test and a steel and aluminum corrosion test was conducted on your material in accordance with§§ 173.137(c)(l) and 173.137(c)(2). After observation for 14 days, the skin corrosion test indicated that there was no tissue destruction and the material did not produce evidence of corrosion. In addition, the steel and aluminum corrosion testing indicated that the product is not considered corrosive to steel or aluminum. The definition of a corrosive material is found in § 1 73.13 6 of the HMR and procedures for packing group selection are found in § 1 73.13 7. Section 173.22 states that it is the shipper's responsibility to properly classify a hazardous material. This office does not generally perform that function. However, based on the information you provide, it is the opinion of this office that the material you describe is not regulated in the HMR as a corrosive material. I hope this information is helpful. If you have further questions, please contact this office. Sincerely, Robert Benedict Chief, Standards Development Branch Standards and Rulemaking Division#

Page 201 anD I( ~ J73-:l~ March 17, 2014 -3!'73-13~ 9173. (31 ~ f7J,. /0/ _ 5j,;fper~ 'Re 6pons; IJ, I~I:J /L{-oo5:U Mr. Charles E. Betts Director, Standards and Rulemaking Division U.S. DOT/PHMSA (PHH-10) 1200 New Jersey Avenue, SE East Building, 2nd Floor Washington, DC 20590 Dear Mr. Betts, In accordance with 49 CFR § 173 .22 to ensure compliance with the requirements of the HMR we have tested a product of ours in accordance with§ 176.136(c) and§ 173.137(c)(2) as the product has a pH< 2. • Skin corrosion testing done in accordance with§ 173.136(c), with observations to 14 days. No tissue destruction was noted and the conclusion of the testing stated the product did not produce evidence of corrosion. • Steel and aluminum corrosion testing done in accordance with§ 173.137(c)(2). Results stated that the product is not considered corrosive to steel or aluminum. In regards to Class 8 (corrosive material) classification, with the above noted test results, we believe we have satisfied the requirements ofthe HMR, done our due diligence under§ 173.22 and correctly classified the product as non-corrosive for ~hipping. With this product having a pH < 2 we receive questions regarding our classification. Do you agree with our assessment? Sincerely, r-L_-- Richard M. Ormsbee Corporate Regulatory Affairs Manager Medivators rormsbee@medivators.com 14605 28th A venue North Minneapolis, MN 55447 MEDIVATORS Inc. Headquarters 14605 28th Avenue North Minneapolis. MN 55447-4822 USA Tel: ~ 1. 763.553.3300 Fax: + 1. 763.553.3387 MEDIVATORS BV Sourethweg 11 6422 PC Heerlen The Netherlands Tel: +31.45.5.471.471 Fax: +31.45.5.429.695 MEDIVATORS Asia!Pacific Pte ltd MEDIVATORS Beijing Representative Office 1 A International Business Park Room 708, 7th Floor Kaiheng Center, Block B #05-01 Singapore 609933 No. 2 Chaoyangmennei Street Tel: +65.6227.9698 Dongcheng District, Beijing China 100010 Fax: +65.6225.6848 Tel: +8610.6567.8446 Fax: +8610.6567.8445 www.medivators.com#