Interpretation Response #08-0239 ([Thermo Fisher Scientific Customer Channels Group] [Mr. Gene Sanders])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Thermo Fisher Scientific Customer Channels Group
Individual Name: Mr. Gene Sanders
Location State: PA Country: US
View the Interpretation Document
Response text:
January 27, 2009
Mr. Gene Sanders
Senior Dangerous Goods
Transportation Specialist
Thermo Fisher Scientific
Customer Channels Group
2000 Park Lane
Pittsburgh, PA 15275
Ref. No. 08-0239
Dear Mr. Sanders:
This responds to your letter regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to a product that contains a non-pressurized gas that is non-flammable and non-toxic but exhibits oxidizing properties. You also ask whether the gas meets the definition of a Division 5.1 "oxidizer" under § 173.127(a).
Under § 173.115(b), the definition of a Division 2.2 non-flammable, non-poisonous compressed gas includes oxidizing gases. This definition includes additional qualifying criteria such as the material must exert in the packaging an absolute pressure of 280 kPa (40.6 psia) or greater at 20 °C (68 °F). The gas in your product does not exert the minimum pressure required to meet the definition of a Division 2.2 material.
Under § 173.127(a), an oxidizing material, or, "oxidizer," must meet the definition of either a solid or liquid at the time it is offered for transportation. Although the gas in your product may yield oxygen, it does not meet the definition of a Division 5.1 material.
Based on the information you provided, it is the opinion of this Office that your product is not subject to the HMR.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
173.127, 173.115(b)