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Interpretation Response #05-0053 ([Space Gateway Support, LLC] [Mr. William Deneuté])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: Space Gateway Support, LLC

Individual Name: Mr. William Deneuté

Location State: FL Country: US

View the Interpretation Document

Response text:

May 12, 2005

 

Mr. William Deneuté                     Reference N0. 05-0053
Space Gateway Support, LLC
P.O. Box 21237
Kennedy Space Center, FL 32815

Dear Mr. Deneuté:

This responds to your February 23, 2005 letter requesting clarification of the weight percent threshold for classification of mixtures of nitric oxide and dinitrogen tetroxide under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state that a threshold of 11% nitric oxide in a mixture with dinitrogen tetroxicte appears to be the point where the characteristics of the mixture diverge from that of pure “Dinitrogen tetroxide, UN1067.” You request that 11% be the threshold level where a mixture of nitric oxide and dinitrogen tetroxide is classified as “Nitric oxide and dinitrogen tetroxide mixtures, UN1975” rather than “Dinitrogen tetroxide, UN1067.”

In accordance with § 173.22, it is the shipper’s responsibility to determine the shipping description for the material being transported. When selecting a proper shipping name, the shipper must select the name that most appropriately describes the material (see § 173.10 1(c)(12)). For a mixture of nitric oxide and dinitrogen tetroxide that meets the definition of a Division 2.3 material that is poisonous by inhalation in Hazard Zone A and exhibits oxidizer and corrosive subsidiary hazards, it is the opinion of this Office that, notwithstanding the percentage of nitric oxide in the mixture, the most appropriate shipping description is “Nitric oxide and dinitrogen tetroxide mixtures, 2.3 (5.1, 8), UN 1975.” The proper shipping name “Dinitrogen tetroxide” may be used only for pure dinitrogen tetroxide that meets the definition of a Division 2.3 material that is poisonous by inhalation in Hazard Zone A and exhibits oxidizer and corrosive subsidiary hazards.

I hope this information is helpful. Please contact us if you require additional assistance.

Sincerely,

 

John Gale
Chief, Standards Development
Office of Hazardous Materials Standards

171.1, 173.22

Regulation Sections

Section Subject
171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and functions
173.22 Shipper's responsibility