Interpretation Response #15-0122
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
September 30, 2015
12 Kimball Hill Road
Hudson, NH 03051-3915
Ref. No. 15-0122
Dear Mr. Dambek:
This is a response to your June 15, 2015 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the classification of an aerosol that may meet the definition of a poisonous material (Division 6.1) as a subsidiary hazard. In your letter, you state that you have an aerosol mixture that consists of six individual components of varying percentages (toluene 20-35%, silver 15-25%, dichloromethane 15-25%, propane 10-20%, isobutane 10-15%, and asbestos free talc 1-3%) and varying LC50 and LD50 values.
According to the information in your letter and the safety data sheet (SDS) you provided, you have identified your material as CHO-SHIELD® 4900, manufactured by Parker Hannifin Corporation with an SDS number of PHC-205 and product codes of: 52-01-4900-0000; 52-02-4900-0000; 52-02-4900-0000E; 52-03-4900-0000. Further, the SDS indicates that the material has been classified as "UN1950, Aerosols, 2.1 (6.1)" when offered for transportation under the HMR, and "UN1950, Aerosols, flammable, containing substances in Division 6.1, Packing Group III, 2.1 (6.1)" when offered for transportation under the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO TI). You question the accuracy of the aerosol mixture CHO-SHIELD® 4900 being classified as having a subsidiary hazard of poisonous material (Division 6.1), and therefore, disagree with the manufacturer's classification of this material. Your questions are paraphrased and answered as follows:
Q1. Based on the LC50 and LD50 values of the six individual components listed in the SDS, does the aerosol mixture CHO-SHIELD® 4900 meet the definition of a poisonous material (Division 6.1) as a subsidiary hazard based on 49 CFR § 173.132(a)(1)?
A1. In accordance with § 173.22, it is the shipper's responsibility to ensure that the material is properly classed and described in accordance with the HMR. We cannot make this determination based on the information you provided. Please work with Parker Hannifin Corporation to review its determination of what the LC50 and LD50 values are for the final aerosol mixture CHO-SHIELD® 4900.
A poisonous material (Division 6.1), as defined in § 173.132 means (emphasis added) a material, other than a gas, which is known to be so toxic to humans as to afford a hazard to health during transportation, or which, in the absence of adequate data on human toxicity:
(1) Is presumed to be toxic to humans because it falls within any one of the following categories when tested on laboratory animals (whenever possible, animal test data that has been reported in the chemical literature should be used):
(i) Oral Toxicity. A liquid or solid with an LD50 for acute oral toxicity of not more than 300 mg/kg.
(ii) Dermal Toxicity. A material with an LD50 for acute dermal toxicity of not more than 1000 mg/kg.
(iii) Inhalation Toxicity. (A) A dust or mist with an LC50 for acute toxicity on inhalation of not more than 4 mg/L; or (B) A material with a saturated vapor concentration in air at 20 °C (68 °F) greater than or equal to one-fifth of the LC50 for acute toxicity on inhalation of vapors and with an LC50 for acute toxicity on inhalation of vapors of not more than 5000 mL/m3.
If the final aerosol mixture meets either of these criteria, it meets the definition of a Division 6.1 material.
Q2. The criteria described in 49 CFR § 173.132(a)(2) is somewhat subjective: "... is an irritating material, with properties similar to tear gas, which causes extreme irritation, especially in confined spaces." Given that the aerosol only contains 25% (maximum) of dichloromethane in small (6 fluid ounce) cans, and there is no (+) sign listed in column (1) of the § 172.101 Hazardous Materials Table (HMT) for dichloromethane, does CHO-SHIELD® 4900 meet the definition of a poisonous material (Division 6.1) as a subsidiary hazard based on 49 CFR § 173.132(a)(2)?
A2. This Office cannot determine the answer to this question. Please see A1.
Q3. Do you agree that the shipping description for CHO-SHIELD® 4900 should be "UN1950, Aerosols, 2.1" for all modes of transportation under both the HMR and the ICAO TI?
A3. This Office cannot determine the answer to this question. Please see A1.
I hope this information is helpful. If you have any more questions, please do not hesitate to contact this office.
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
|§ 173.132||Class 6, Division 6.1-Definitions|