{"operation":"document","citation":"04-0144","title":"Hammond, Group, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-07-13","effective_on":null,"summary":"04-0144 response to Hammond, Group, Inc. concerning 172.101.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0144.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0144.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0144","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040144.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nJ.S. Department\n400 Seventh St., S.W.\nWashington, D.C. 20590\nSpecial Programs\nResearch and\nAdministration\nJUL 13 2004\nMr. James Bandstra\nRef. No. 04-0144\nEnvironmental Manager\nHammond, Group, Inc.\n1414 Field Street\nHammond, IN 46325-6408\nDear Mr. Bandstra:\nThis is in response to your May 5, 2004 letter regarding classification of certain lead\ncompounds destined for export transportation under the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180). Specifically, you ask whether your company is allowed to\nclassify your product as \"Lead compounds, soluble, n.o.s., Division 6.1\" for export\npoisonous materials. You state the material is a soluble lead compound and contains a\ntransportation when it is known by testing not to meet the Division 6.1 criteria for\nreportable quantity of lead metal.\nThe shipping name \"Lead compounds, soluble, n.o.s.\" may not be used for a material that\ndoes not meet the criteria for a Division 6.1 material as specified in § 173.132 of the\nHMR. If you wish to apply for an exemption, the application for exemption procedures is\nfound in § 107.105 of the HMR, or you may contact the Office of Hazardous Materials\nExemptions and Approvals at 202-366-4511.\nI hope this information is helpful.\nSincerely,\nChief, Standards Development\nOffice of Hazardous Materials Standards\n040144\n172.101\n\n<<<PAGE 2>>>\n\nHAMMOND\nFoster\nHAMMOND GROUP, INC.\n$172.101\nProper Shipping Name\nMay 19, 2004\n400 7th Street, SW, Room 8430\nOffice of Hazardous Materials Standards, DHM-10\n04-0144\nWashington, DC 20590\nDear Sir or Madam:\nfor certain lead compounds destined for export.\nI have been directed to your office to pose a question concerning the proper shipping description\nIn discussions this week with Shane Kelley of the RSPA International Standards office, l\ncriteria for poisonous materials. It is also a soluble lead compound and has an RQ for lead metal.\nexplained that our company ships a lead compound known by testing not to meet the Division 6.1\nis required to be used for our product. The following opinion was provided by Mr. Kelley on May\nThe question before us was whether the \"Lead compounds, soluble, n.o.s. Division 6.1\" category\n>5% solubility) is toxic is incorrect. The Division 6.1 testing is the primary method of\n\"In our opinion the assumption that a material failing the solubility test (i.e. exhibiting a\nexpensive) means of determining whether a lead compound is soluble. However in\nThe solubility test is a secondary (and less\nirrespective of the results of the solubility test.\"\nIt is clear from the above response that our material should be shipped for domestic transport as\na Class 9 Environmentally Hazardous Substance (RQ lead metal) and not as a Division 6.1\nAccording to IMDG lead solubility test procedures, however, European producers are calling\nproducts labeled in a similar manner. The question I pose here, then, is can our company ship\nthese materials (possibly in error) Div. 6.1 poisons. Our EU customers expect to have our\nbe in compliance with DOT regulations, since we know the material is not a Division 6.1 material?\nthis product for export labeled as Division 6.1 hazardous material rather than as Class 9 and still\nIf you have any questions, feel free to contact me anytime.\nSincerely,\nJames Bandstra\njames Simstio\nHammond Group, Inc.\nvironmental Manager\n1414 Field Street • Post Office Box 6408 • Hammond, IN. 46325-6408\nTel: 219-931-9360 • FAX: 219-931-2140","truncated":false,"body_characters":3463}