{"operation":"document","citation":"04-0122","title":"Wallace & Scott, I.I.P — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-06-23","effective_on":null,"summary":"04-0122 response to Wallace & Scott, I.I.P concerning 172.101.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0122.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0122.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0122","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040122.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n400 Seventh St., S.W.\nSpecial Programs\nResearch and\nAdministration\nJUN 2 3 2004\nMr. H. Pierce Scott\nRef. No. 04-0122\nWallace & Scott, I.I.P.\nAttorneys at Law\n3547 N. Crossing Circle\nValdosta, Georgia 31604-2157\nDear Mr. Scott:\nThis responds to your letter dated April 29, 2007, regarding classification of your client's product\n\"CloWhite\" bleach containing 5.25% hypochlorite solution, under the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180.\nYour client, Dollar General Corporation, is involved in the shipment of household bleach\nmanufactured by CloWhite Company (\"CloWhite\") in the year 2000. CloWhite went out of\nbusiness in 2001, and was purchased at that time by KIK International, Inc. (\"KIK\"). Based on\nthe documentation you enclosed, you asked for confirmation of your understanding that\nClo White bleach containing 5.25% sodium hypochlorite solution manufactured during 2000 is\nnot \"corrosive\", as defined under the HMR.\nBased on the information you provided, it is this Office's opinion that the \"Clo White\" bleach\nmanufactured in 2000 and containing 5.25% hypochlorite does not meet the definition or criteria\nin §§ 173.136 and 173.137 for a corrosive material. Thus, your client's product containing\n5.25% sodium hypochlorite solution would not be subject to the HMR for purposes of\ntransportation in commerce.\nI hope this satisfies your inquiry. If we can be of further assistance, please contact us.\nSincerely,\nChief, Standards Development\nOffice of Hazardous Materials Standards\n172-101 (h)\n040122\n\n<<<PAGE 2>>>\n\n•\nEngrum\nWALLACE & SCOTT, L.L.P.\nAttorneys at Law\nRussell C. Wallace'\nAdmitted in Georgia and Florida\n1. Pearce Scott\n3547 N. Crossing Circle\nValdosta, Georgia 31604-2157\nP.O. Box 2157\nlephone: 229.245.009\ne-mail: wsllp@bellsouth.net\nasimile: 229.245.03\nApril 29, 2004\nMr. Edward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\nUS Department of Transportation\nRoom 8430\nDHM-10\n400 7' Street, S.W.\nWashington, D.C. 20590-0001\nAttention: Ms. Helen Engram\nRE:\nHazmat Regulation of CloWhite bleach with 5.25% hypochlorite solution\nOur File No. 202L113\nDear Mr. Mazzullo:\nENCLOSURES:\nCopy of corrosivity test results from Product Safety Labs for 5.25% bleach product and\n6.8% bleach product\n2.\nCopy of letter from Delta Analytical Corporation (on behalf of KIK) to DOT\n3.\nCopy of letter from DOT to Delta Analytical Corporation\n4.\nCopy of Confidential Statement of Formula for 5.25% Clo White bleach\nCopy of Confidential Statements of Formula (2) for KIK International, Inc. bleach\nI have spoken recently with Ms. Helen Engram of your office about the above-referenced\nmatter, so I have sent this letter to her attention. I have also spoken with Mr. George Kushmac.\nI represent Dollar Gencral Corporation in connection with a matter involving its\ntransportation of household bleach manufactured by the Clo White Company (\"Clo White\") in the\nyear 2000. Clo White went out of business in 2001, and was purchased at that time by KIK\nInternational, Inc. (\"KIK.\"). Based upon the enclosed documentation, we seek a letter from your\noffice confirming our position that CloWhite bleach containing 5.25% sodium hypochlorite\nmanufactured during 2000 was not \"corrosive\" as defined by DOT regulations.\nIn 1999, KIK tested a bleach product containing 5.25% sodium hypochlorite and a bleach\nproduct containing 6.8% sodium hypochlorite in order to establish that these products were not\n\"corrosive\" for purposes of DOT regulations. A copy of the test results for both bleach products\nis enclosed. A letter dated 02/22/00 (copy enclosed) was sent on behalf of KIK to your office\nenclosing the test results and requesting a determination that the KIK bleach products were not\ncorrosive and thus not subject to the requirements of the Hazardous Materials Regulations.\n\n<<<PAGE 3>>>\n\nBased upon the information provided by Kik, your office issued a letter dated 04/19/00 (copy\nenclosed) confirming its conclusion that both the 5.25% solution and the 6.8% solution were not\nsubject to Hazardous Material Regulations.\nI have enclosed the Confidential Statement of Formula filed with the EPA for the 5.25%\nCloWhite bleach in question which states the ingredients of that bleach product. I have also\nenclosed the Confidential Statement of Formula (EPA Registration No. 70271-13) for the bleach\nproduct (referred to as \"Pure Bright Disirfectant\") manufactured by KIK containing 6.0%\nsodium hypochlorite. This CSF refers to another CSF (EPA Registration No. 70271-12) for a\nKIK 12.5% sodium hypochlorite solution from which the 6.0% product was made by diluting it\nwith water. We have confirmed with KIK representatives that the 6.8% sodium hypochlorite\nsolution referred to above which was tested for \"corrosivity\" in 1999 is the same product\ndescribed in the two aforestated CFS's. The 12.5% hypochlorite solution was simply diluted\nwith water to create the 6.0% solution. Note that the range of sodium hypochlorite for this\nsolution as stated on the CSF is 6.0%-7.5%. Therefore, for testing purposes, KIK submitted a\n6.8% solution, which falls between this range.\nAs you can see from the enclosed CF's, the ingredients of the CloWhite 5.25% bleach\nand the KIK 6.8% bleach are essentially identical except for the greater percentage of sodium\nhypochlorite in the KIK product. Therefore, we respectfully request a letter from your office,\nsimilar to the one already provided by us to KIK, that, assuming the information provided to you\nin this letter is correct, the CloWhite 5.25% bleach described in the enclosed CSF would not be\nclassed as corrosive material and thus would not be subject to the requirements of the Hazardous\nMaterial Regulations for purposes of transportation in commerce.\nThank you very much for your attention to this matter. If you or your office needs any\nadditional information, please contact me by telephone as soon as possible. Thanks again for\nyour cooperation.\nSincerely,\nN. Pearce Scott\nH. Pearce Scott\nAttorney for Dollar General\nHPS/Ibd","truncated":false,"body_characters":6069}