Interpretation Response #09-0049 ([Thermo Fisher Scientific] [Mr. John G. Mayfield])
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
Individual Name: Mr. John G. Mayfield
Location State: PA Country: US
View the Interpretation Document
Response text:
May 11, 2009
Mr. John G. Mayfield
Manager, Dangerous Goods Transportation
Customer Channels Group
Thermo Fisher Scientific
2000 Park Lane
Pittsburgh, PA 15275
Ref. No. 09-0049
Dear Mr. Mayfield:
This responds to your March 10, 2009 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state that Thermo Fisher has a number of materials which have chemical structures that demonstrate some characteristics of Division 4.1 (Flammable solid) or Class 1 (Explosive) materials. However, you do not have sufficient technical information on the materials to make an appropriate classification. You propose to dilute these materials in a compatible solvent to a concentration of 1% or less. You ask for confirmation that the diluted material would not meet the definition of a Class 1 or a Division 4.1 material for purposes of the HMR.
Under § 173.22, it is the shipper"s responsibility to class and describe a hazardous material. This Office does not normally perform this function. You have not provided the data or information necessary to enable us to confirm that these materials, diluted as described above, would not meet the definition of an explosive or flammable solid material under the HMR.
To facilitate the transportation of your materials, you may wish to request a special permit. Your application should be directed to the Office of Hazardous Materials Special Permits and Approvals and should include specific and detailed information concerning how you propose to package and transport the materials.
The procedures for applying for a special permit are in 49 CFR Part 107, Subpart B. You may also obtain this information at our website at http://www.phmsa.dot.gov/hazmat/regs/sp-a.
I hope this information is helpful. If you have further questions, please do not hesitate to contact this Office.
Sincerely,
Charles E. Betts
Chief, Standards Development
Office of Hazardous Materials Standards
172.101(c)(11), 173.22