{"operation":"document","citation":"18-0091","title":"Hazmat Safety Consulting LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-10-25","effective_on":null,"summary":"18-0091 response to Hazmat Safety Consulting LLC concerning 175.10.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0091.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0091.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0091","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/72806/180091.pdf","body":"<<>>\n\n0\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nOCT 2 5 2019\nBob Richard\nHazmat Safety Consulting LLC\n10036 Lake Occoquan Drive\nManassas, VA 20111\nReference No. 18-0091\nDear Mr. Richard:\nThis letter is in response to your June 18, 2018, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to exceptions for passengers,\ncrewmembers, and air operators. Specifically, you ask if a passenger may carry a 30-milliliter\nsterilization cartridge of nitric acid (Packing Group II, with not more than 20 percent) aboard a\npassenger aircraft in accordance with § 17 5 .10 of the HMR. You state that the product in\nquestion is meant for doctors conducting humanitarian relief to sterilize medical tools in remote\nareas without access to electricity.\nThe answer is no. It is the opinion of this Office that the material in the quantity specified would\nnot be permissible for carriage aboard passenger aircraft under § 17 5 .10( a)( 1 ).\nSection 175. IO(a)(l) allows non-radioactive medicinal and toilet articles for personal use to be\ncarried in carry-on and checked baggage. The sterilization cartridges as described in your\nscenario are not for personal use. However, it should be noted that these cartridges can be\ntransported as cargo in accordance with the HMR.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention\nStandards and Rulemaking Division\n\n<<>>\n\nlt-0011\nJanuary, Ikeya CTR (PHMSA)\nFrom:\nSent:\nTo:\nC c:\nSubject:\nAttachments: Kelley, Shane (PHMSA)\nMonday, June 18, 2018 1:56 PM\nJanuary, Ikeya CTR (PHMSA)\nDerKinderen, Dirk (PHMSA); Foster, Glenn (PHMSA); Nickels, Matthew (PHMSA)\nFW: EniWare Nitric Acid\n070091.pdf; 080253.pdf; 090018.pdf; Sample Letter of Interp.docx; Nitric Acid 19.8% vl\n9-2015.pdf\nAnother interp request! Please assign for action.\nThanks\nFrom: Bob Richard [mailto:brichard@hazmatsafety.com]\nSent: Monday, June 18, 2018 1:54 PM\nTo: Kelley, Shane (PHMSA) \nSubject: RE: EniWare Nitric Acid\nShane,\nThanks for the call today and regarding my question related to whether 30 ml sterilization cartridges that contain small\namounts of nitric acid (PG II less than 20%) can be carried by passengers in checked baggage. The cartridges are\nuntended to be taken in checked luggage by doctors and medical practitioners when travelling for humanitarian relief\nmissions where they may need to sterilize their surgical tools in remote areas without access to electricity. I believe that\npassengers can consider the cartridges as medicinal articles for personal use. We are writing to request a written\ninterpretation letter so that if passengers are questioned by airlines the letter can be used to clear up any\nmisunderstanding. I have attached several interp letters previously issued that substantiate the fact that our articles are\nauthorized for carriage by passengers.\n175.lO(a)(l)\n(a) This subchapter does not apply to the following hazardous materials when carried by aircraft passengers or\ncrewmembers provided the requirements of §§171 .15 and 171 .16 (see paragraph (c) of this section) and the requirements\nof this section are met:\n(1 )(i) Non-radioactive medicinal and toilet articles for personal use (including aerosols) carried in carry-on and\nchecked baggage. Release devices on aerosols must be protected by a cap or other suitable means to prevent\ninadvertent release;\n(ii) Other aerosols in Div. 2.2 (nonflammable gas) with no subsidiary risk carried in checked baggage only. Release\ndevices on aerosols must be protected by a cap or other suitable means to prevent inadvertent release; and\n(iii) The aggregate quantity of these hazardous materials carried by each person may not exceed 2 kg (70 ounces)\nby mass or 2 L (68 fluid ounces) by volume and the capacity of each container may not exceed 0.5 kg (18 ounces) by\nmass or 500 ml (17 fluid ounces) by volume.\n1\n\n<<>>\n\nAMIRI\nNational Association or\nChemical Distributors\nSAFETY DATA SHEET\n1. PRODUCT AND COMPANY IDENTIFICATION\nProduct Name: Nitric Acid 19.8% Product Code: 105812-1885-1\nSynonyms/Generic Names: N/A\nManufacturer:\nAcid Products Company Inc.\n600 West 41 st Street\nChicago, IL 60609\nFor More Information Call:\n773-254-5222\n(Monday - Friday 8:00-4:30)\n24/7 Transportation Emergencies\nCall CHEMTREC: 800-424-9300\nAccount No.: CCN223\n2. HAZARD IDENTIFICATION\nIF CONTACT WITH SKIN (or hair): Remove all contaminated clothing immediately and rinse skin with\nwater/shower for at least 20 minutes.\nGHS Ratings:\nSkin corrosive\n1A Eye corrosive\nDestruction of dermal tissue: Exposure< 3 min. Observation <\n1 hour, visible necrosis in at least one animal\nSerious eye damage: Irreversible damage 21 days after\nexposure, Draize score: Corneal opacity>= 3, lritis > 1.5\nGHS Hazards\nH314\nH318\nGHS Precautions\nP260\nP264\nP280\nP310\nP321\nP363\nP301 +P330+P331\nP303+P361+P353\nP304+P340\nCauses severe skin burns and eye damage\nCauses serious eye damage\nDo not breathe dust/fume/gas/mist/vapors/spray\nWash hands thoroughly after handling\nWear protective gloves/protective clothing/eye protection/face protection\nImmediately call a POISON CENTER or doctor/physician if exposed\nSpecific treatment (see .. . on this label)\nWash contaminated clothing before reuse\nIF SWALLOWED: Rinse mouth. Do NOT induce vomiting\nIF ON SKIN (or hair): Remove/Take off immediately all contaminated clothing. Rinse\nskin with water/shower\nIF INHALED: Remove victim to fresh air and keep at rest in a position comfortable for\nPage 1 of7\n\n<<>>\n\nP305+P351+P338\nP405\nbreathing\nIF IN EYES: Rinse continuously with water for several minutes. Remove contact\nlenses if present and easy to do - continue rinsing\nStore locked up\nSignal Word: Danger\n3. COMPOSITION/ INFORMATION ON INGREDIENTS\nChemical Name CAS number Weight Concentration %\nDi-Water 7732-18-5 80.20%\nNitric acid 7697-37-2 19.80%\n4. FIRST-AID MEASURES\nINHALATION: Move exposed party to fresh air and keep at rest. If breathing is difficult, give oxygen. If not\nbreathing, give artificial respiration. Get medical attention immediately.\nEYE CONTACT: In case of eye contact, rinse with plenty of water for at least 20 minutes and seek medical\nattention immediately.\nSKIN CONTACT: Immediately flush with plenty of water for at least 20 minutes while removing contaminated\nclothing. Get medical attention immediately.\nINGESTION: Do Not Induce Vomiting! Never give anything by mouth to an unconscious person. If conscious,\nwash out mouth with water. Get medical attention immediately.\n5. FIRE-FIGHTING MEASURES\nFlash Point: None\nLEL: UEL:\nFLAMMABLE LIMITS: Product is not flammable. However, contact with metal may release flammable\nhydrogen gas\nPage 2 of7\n\n<<>>\n\nEXTINGUISHING MEDIA: Use an extinguishing agent suitable for the fire and other materials present that are\nexposed to fire.\nFIRE AND EXPLOSION HAZARD: Use water spray to cool unopened containers if necessary to prevent BLEVE\n(Boiling Liquid Expanding Vapor Explosion).\nHAZARDOUS COMBUSTION PRODUCTS: Under fire conditions toxic fumes should be anticipated.\nFIRE FIGHTING: See also Stability and Reactivity section.\nFIRE EQUIPMENT: Wear self-contained, approved breathing apparatus and full protective clothing (including eye\nprotection and boots).\n6. ACCIDENTAL RELEASE MEASURES\nSPILL/LEAK: Follow your companies established procedures for reporting and/or responding to chemical\nincidents. No action shall be taken involving any personal risk without suitable training and use of\nappropriate personal protective equipment.\nSee section 8 for recommendations on the use of personal protective equipment.\nSMALL SPILL: Stop leak if it can be done without risk. Be sure to utilize appropriate personal protective\nequipment. Clean up spilled material with noncombustible absorbent material, then place in a suitable\ncontainer for disposal in accordance with Federal, state, and local requirements. Clean surfaces thoroughly with\nwater to remove residual contamination. Dispose of all waste and cleanup materials in accordance with Federal,\nstate, and local regulations.\nLARGE SPILL: No action shall be taken involving any personal risk or without suitable training, and use of\nappropriate personal protective equipment. Stop leak if it can be done without risk. Prevent spillage from\nentering drains and/or waterways. Any release to the environment may be subject to Federal, state, and local\nreporting requirements.\n7. HANDLING AND STORAGE\nHANDLING PRECAUTIONS: Eating, drinking and smoking should be prohibited in areas where this material is\nhandled, stored, or processed . Wash thoroughly after handling. Remove contaminated clothing and protective\nequipment before entering eating areas. Use with adequate ventilation. Avoid formation of aerosol mixtures\ninvolving the product.\nSee section 8 for recommendations on the use of appropriate personal protective equipment.\nSTORAGE: Keep container closed when not in use. Store in cool, dry well ventilated area. Keep away from\nincompatible materials (see section 10 for incompatibilities). Protect from excessive heat and/or freezing.\nREGULATORY: Do not store in unlabeled containers. Adhere to precautionary warnings on the label.\nPage 3 of7\n\n<<>>\n\n8.EXPOSURECONTROLS/PERSONALPROTECTION\nChemical Name/ CAS No.\nWater\n7732-18-5\nNitric acid 7697-37-2\nOSHA Exposure Limits\nNot Established\nACGIH Exposure Limits Other Exposure Limits\nNot Established Not Established\n2 ppm TWA; 5 mg/m3 TWA\n4 ppm STEL\n2 ppm TWA\nNIOSH: 2 ppm TWA; 5\nmg/m3 TWA\n4 ppm STEL; 10 mg/m3\nSTEL\nENGINEERING CONTROLS: Use process enclosures, local exhaust ventilation or other engineering controls to\nkeep worker exposure to airborne contaminants below any recommended or statutory limits. If engineering\ncontrols do not maintain airborne concentrations below recommended exposure limits (where applicable) or to\nan acceptable level (in countries where exposure limits have not been established), an\napproved respirator must be worn .\nVENTILATION: Use only with adequate ventilation. Good general ventilation (typically 10 air changes per hour)\nshould be used. Ventilation rates should be matched to conditions present. If applicable, use process enclosures,\nlocal exhaust ventilation, or other engineering controls to maintain airborne levels below recommended\nexposure limits. If exposure limits have not been established, maintain airborne levels to an acceptable level.\nADMINISTRATIVE CONTROLS: No action shall be taken involving any personal risk or without suitable training\nand issuance of appropriate personal protective equipment.\nPROTECTIVE GEAR:\nEye protection: Wear safety goggles if eye contact with material is possible (face shield recommended if\nsplashing is possible).\nHand protection: Chemical-resistant, impervious gloves complying with an approved standard should be worn at\nall times when handling chemical products if a risk assessment indicates this is appropriate. Considering the\nparameters specified by the glove manufacturer, check during use that the gloves are still retaining their\nprotective properties. It should be noted that the time to breakthrough for any glove material may be different for\ndifferent glove manufacturers. In the case of mixtures consisting of several substances, the protection time of the\ngloves cannot be accurately estimated.\nBody Protection: Personal protective equipment for the body should be selected based on the task being\nperformed and the risks involved and should be approved by a specialist before handling this product.\nOther Skin Protection: Appropriate footwear and any additional skin protection measures should be selected\nbased on the task being performed and the risks involved and should be approved by a specialist before handling\nthis product.\nRespiratory Protection: If needed, use a properly fitted, air-purifying or supplied air respirator complying with an\napproved standard if a risk assessment indicates this is necessary. Respirator selection must be based on known\nor anticipated exposure levels, the hazards of the product and the safe working limits of the selected respirator.\nCONTAMINATED GEAR: Routinely wash work clothing and protective equipment to remove contaminants.\nPage 4 of7\n\n<<>>\n\n9. PHYSICAL AND CHEMICAL PROPERTIES\nNOTE: These physical data are typical values based on material tested but may vary from sample to sample.\nTypical values should not be construed as a guaranteed analysis of any specific lot, or as a specification for the\nproduct.\nSpecific Gravity (SG): 1.075 (approximate)\nAppearance:\nClear colorless liquid\nOdor:\nSlight acidic odor\n10. STABILITY AND REACTIVITY\nProduct is normally STABLE under normal conditions of storage and handling.\nINCOMPATIBLE MATERIALS:\nCyanides, organic and oxidizing materials, strong alkalis\nHAZARDOUS DECOMPOSITION:\nNitrogen oxides\nHAZARDOUS POLYMERIZATION:\nHazardous polymerization will not occur.\n11. TOXICOLOGICAL INFORMATION\nMixture Toxicity\nInhalation Toxicity LC50: 225mg/L\nComponent Toxicity\n7697-37-2 Nitric acid\nInhalation LC50: 67 ppm (Rat)\nThis material has been defined as a hazardous chemical under the criteria of the OSHA Hazard Communication\nStandard (29 CFR 1910.1200).\nTARGET ORGANS:\nEyes Skin Respiratory System\nEffects of Overexposure\nCARCINOGENICITY: The following chemicals comprise 0.1 % or more of this mixture and are listed and/or\nclassified as carcinogens or potential\ncarcinogens by NPT, IARC, OSHA (mandatory listing), or ACGIH (optional listing).\nCAS Number\nNone\nDescription % Weight Carcinogen Rating\nNo Data Available\nACUTE TOXICITY: Potential severe inhalation irritant - severe eye damage potential - sever skin irritant\nCHRONIC EFFECTS: None known\nPage 5 of7\n\n<<>>\n\n12. ECOLOGICAL INFORMATION\nThe information given is based on data available for the material, the components of the material, and similar\nmaterials (if any).\nComponent Ecotoxicity: None known\n13. DISPOSAL CONSIDERATIONS\nIf this product becomes a waste, it may meet the criteria of a hazardous waste as defined in 40 CFR 261 as a\nminimum of a D002 material, defined as a Waste Corrosive material [pH s 2 or>>\n\nCountry\nU.S.A.\nRegulation\nTSCA\nUnited States inventory (TSCA Sb): All components are listed or exempted.\nAll Components Listed\nYes\n- None\nSARA 313 Components: The following listed components (if any) are subject to the Supplier Notification\nRequirement found in 40 CFR 372.45 (c 4); a part of Title Ill of the Superfund Amendments and\nReauthorization Act of 1986.\n7697-37-2 Nitric acid 20 - 30%\n16. OTHER INFORMATION\nHazardous Material Information System (HMIS)\nHMIS & NFPA Hazard Rating\nNational Fire Protection Association (NFPA)\nFlammability\nHEALTH ■\nII\nFLAMMABILITY II\nPHYSICAL! HAZARD II\nLegend\n* = Chronic Health Hazard\nHealth Instability\nPERSONAL PROTECTION ~\n0 = INSIGNIFICANT\n1 = SLIGHT\n2 = MODERATE\n3 = HIGH\n4 = SEVERE\nSpecial\nDisclaimer: Acid Products Company Inc. (\"Acid Products\") believes the information herein provided is factual and accurate, but is not intended\nto be all inclusive. The information relates only to the specific material denoted and does not relate to its use in combination with other\nmaterials, or its use as to any particular process. Because safety standards and regulations are subject to change and because Acid Products\nhas no ongoing control over the material when being handled, stored or used, the end user should satisfy themselves that they have current\ninformation regarding the particular way the material is handled, stored or used and that use and disposition of the material is done in\naccordance with Federal, state and local law. ACID PRODUCTS MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION)\nWARRANTIES WITH RESPECT TO THE COMPLETENESS OR CONTINUING ACCURACY OF THE INFORMATION CONTAINED HEREIN, OR WITH RESPECT TO\nFITNESS FOR ANY PARTICULAR USE.\nDate revised: 2015-09-14\nDate Prepared: 9/14/2015\nReviewer Version 1\nPage 7 of7","truncated":false,"body_characters":17616}