Prince Agri Products, Inc — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department APR 17 2003 400 Seventh St., S.W. Washington, D.C. 20590 Research and Special Programs Administration Ms. Gail Dixon Ref. No. 02-0158 Prince Agri Products, Inc. Quincy, IL 62306 P.O. Box 1009 Dear Ms. Dixon: This is in response to your letter regarding the proper shipping name for your sodium selenite products. you ask that the basic description "Sodium selenite, 6.1, Specifically, NA2630, PG II" be added into the § 172.101 Table of Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180)- the under Docket HM-215D. The entry was removed in a final rule published June 21, 2001 Group II entry for the proper shipping names "selenates or Alternatively, you ask that a Packing material meets the Packing Group II criteria in accordance with Selenites," UN2630 be added to the Table. You state that your $ 173.133. after receiving no opposing comments to the proposal in the "Sodium selenite," NA2630 in the HM-215D final rule notice of proposed rulemaking published on October 23, 2000. SS 106.95 and 106.100 with respect to adding the domestic You may submit a petition for rulemaking in accordance with proper shipping name into the Table, or alternatively, adding a Selenites, " UN2630. Packing Group II entry to the Table for "Selenates or authorizations for the Packing Group I entry for "Selenates or You state that because of the more restrictive packaging Selenites," your package costs and handling procedures will criteria for Division 6.1, "Selenates" or "Selenites," UN2630 If your material does not meet the Packing Group I are not appropriate proper shipping names. In accordance with $ 172.101 (c) (12) (ii), when an appropriate technical name is not listed in the § 172.101 Table, you must select a proper proper shipping name must correspond to the specific hazard shipping name from the generic or n.o.s. descriptions. The class, packing group, hazard zone, or subsidiary hazard, if 172.101 (c) 02158#

Page 2any, for your material. Based on the information in your "Toxic letter, the appropriate basic description for your material is PG II." solid, inorganic, n.o.s. (Sodium selenite), 6.1, UN3288, I hope this information is helpful. questions, please do not hesitate to contact this office. If you have additional Sincerely, Hotte I. mithell Regulatory Review and Reinvention Hattie I. Mitchell, Chief Office of Hazardous Materials Standards#

Page 3MIntyre $172.1016) PRINCE Proper Shipping Prince Agri Products, Inc. One Prince Plaza Name PO Box 1009 May 8, 2002 02 - 0158 Quincy, IL 62306 217/222-8854 Tel: 217/222-5098 Fax: Mr. Edward T. Mazzullo Washington, DC 20590-0001 RE: Request for Interpretation/Guidance Dear Director Mazzullo: It has come to Prince's attention that Sodium selenite, NA2630, has been eliminated from the 49 CFR $172.101 Hazardous Materials Table under the changes in HM-215D. It appears to us that the only remaining alternatives for this product are Selenates or Selenites, UN2630 Selenium is a micronutrient regularly supplemented in livestock feed. In the U.S., three source or lenie are alive for me some entain unplaite, for widely used. FDA only for use in poultry feed, and; 3) sodium selenite, which is commonly and is Domestic shipments of sodium selenite and sodium selenite-containing mixtures intended industry (multi-wall paper bags allowed under Packing Group II, using the domestic for feed use have been and are currently being transported in packages typical to the feed proper shipping name of SODIUM SELENITE. The inability to continue to use Sodium selenite, NA2630 for domestic shipments after 10/01/02 will cause hardship to the feed industry. This hardship is caused by the fact that the current table identifies Selenates or Selenites, UN2630 as Packing Group I materials, only. Aș such, Part 173 does not allow for multi-wall paper bags. As a result, package costs and handling procedures for these products will increase, with no obvious safety benefit. Packing Group II requirements, have resulted in releases or injury, or caused undue harm Prince is unaware of any incidents where sodium selenite materials, when shipped per to people or the environment due to inadequately secure packaging. Testing of the material handled by our company shows it's oral rat toxicity LD50 is 7 mg/kg which exceeds the ≤5 LD 50 oral toxicity listed for Class 6.1 PG I, per 49 CFR §173.133. Advancing Animal Nutrition prince@princeagri.com 1#

Page 4sodium selenite and its mixtures be allowed to continue being transported domestically as Therefore, Prince Agri Products, Inc. respectfully requests under 172.101(I)(2), that Packing Group II materials. We ask that this be accomplished by reinstating Sodium selenite, 6.1, NA2630, PG II or authorizing a second description for Selenates or Selenites disagree with identifying these products as PG I we would support that description if a , 6.1, UN 2630, PG II in the 49 CFR §172.101 Hazardous Materials Table. While we products as PG II materials. Special Provision were allowed in Column 7 recognizing the validity of shipping these Please take our concerns into consideration. Questions or concerns should be directed to my attention at PO Box 1009, Quincy, IL 62306-1009 or gaildixon@princeagri.com. Sincerely, PRINCE AGRI PRODUCTS, INC. Hail Ditor Gail Dixon (12) Regulatory Manager cc: DOT file 2#