Guidanceguidance
06-0012
Mr. Anthony J. Kesslak — Hazardous Materials Safety Interpretation
Current as of source date Government source
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Page 1of Transportation U.S. Department 00 Seventh Street, S.I /ashington, D.C. 2059 Pipeline and Administration Hazardous Materials Safety MAR - 3 2006 Mr. Anthony J. Kesslak Ref. No. 06-0012 Senior Scientist 350 Hochberg Rd i Lee Group, Inc Monroeville, PA 15146 Dear Mr. Kesslak: This is in response to your January 17, 2006 letter requesting clarification on the requirements for transporting carbon black under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You provided a material safety data sheet for a material of similar composition to carbon black and you indicated that your product does not display the characteristics of either a Division 4.1 or a Division 4.2 material. In accordance with § 173.22, it is the shipper's responsibility to properly classify a hazardous material. Such determinations are not required to be verified by this office. You did not provide sufficient information to enable us to make a determination regarding classification. However, if the material does not meet the definition of either Division 4.1 or 4.2 or any other hazard class or division in the HMR, the material is not subject to the HMR. I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, John A. Gale Chief, Standards Development Office of Hazardous Materials Standards 172.101 060012#
Page 201/17/2006 15:25 7247331799 RJ.LEE → 912023663012 NO. 179 D002 RJ Lee Group, Inc. 350 Hochberg Rd. The Materials Characterization Specialisis Phone: 724.325.1776 Monroeville. PA 15146 January 17, 2006 Office of Hazardous Materials Standards, Pipeline and Hazardous Materials Safety Administration Attn: PHH-10 400 7" Street SW U.S. Department of Transportation FAX: 202 356-3012 Washington, DC 20590-0001 RE: Interpretation of a Materials Hazard Classification Dear Administrator: Delta Energy produces D-E Black a product similar in composition to Carbon black. While making a determination to comply with 49 CFR 172 we have encountered conflicting compliance requirements from different sources. Industry sources (MSDS) indicate Carbon black is not regulated in transportation. NOSH references indicate that Carbon black is regulated (49 CFR 172) as Carbon, animal or vegetable origin UN 1361, PG II or III, label code 4.2. Our product is mostly carbon (mineral origin), and D-E Black does not display the characteristics (readily combustible, self-heating, spontaneous combustible) of a 4.1 or 4.2 material. Attached is a MSDS of D- E Black. Based on the information provided, is this product regulated in transportation for cornmerce? If so, what is the hazardous material description and proper shipping name? Your determination is greatly appreciated. Please contact me at: Anthony Kesslak RJ Lee Group, Inc. 350 Hochberg Road Monroeville, PA 15146 Phone: 724 309-3568, FAX 724 733-1799 of this materials is scheduled in the near future. Thank you for your attention to this request. We would a appreciate a prompt response since a shipment Sincerely, Antone alal. Kesslak CH, CHMM Senior Scientist Monroevil, PA a San Loandro. CA a Nw FinNy • Washington, DC • Richland, WA#
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