Interpretation Response #03-0107 ([Molecular Probes, Inc.] [Mr. Bruce H. Bale])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Molecular Probes, Inc.
Individual Name: Mr. Bruce H. Bale
Location State: OR Country: US
View the Interpretation Document
Response text:
Apr 15, 2004
Mr. Bruce H. Bale Reference No. 03-0107
Regulatory/Safety Manager
Molecular Probes, Inc.
4849 Pitchford Avenue
Eugene, OR 97402-9165
Dear Mr. Bale:
This is in response to your letter and telephone conversation with a member of my staff asking how to properly classify and describe three fluorescent reagents under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You describe the reagents as three naturally occurring toxins, phalloidin, phallacidin, and bungarotoxin covalently bonded to fluorescent molecules. Your company offers each product for transportation by aircraft as a dangerous good in excepted quantities and would like to described them as a “Toxic solid, organic, n.o.s., 6.1 (poisonous), UN 2811, PG I or PG II.” Your questions are paraphrased and answered below in the order provided.
Ql. From our review of the published data on the toxins, it is our opinion that our solid fluorescent conjugates of these toxins would be appropriately assigned to Packing Group I or Packing Group II Which is correct?
Al. As provided in § 173.22, it is the shipper's responsibility to properly classify a hazardous material. This Office does not perform that function. However, based on the information and toxicity data you provided, it is this Office’s opinion that the classification for this material is, at a minimum, Class 6.1, Packing Group II.
Q2. If the appropriate assignment for the material is Packing Group I, it is our opinion that these reagents would not constitute an inhalation hazard in transport. Is that correct?
A2. It is this Office's opinion that the reagents do not meet the criteria in § 173.133 (a) for an inhalation hazard, under the HMR.
I hope this information is helpful.
Sincerely,
Hattie L. Mitchell, Chief
Regulatory Review and Reinvention
Office of Hazardous Materials Standards
173.133