HQDA G-3/5/7 DAMO-SSD — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 1200 New Jersey Ave, SE Washington. D.C. 20590 Pipeline and Hazardous Materials Safety Administration DEC 142010 Mr. Steve Carey HQDA G-3/5/7 DAMO-SSD 400 Army Pentagon Washington, D.C. 20310 Reference No. 10-0175 Dear Mr. Carey: This responds to your letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the classification of a sample material with an unknown hazard. In your letter, you state that your'organization is attempting to transport a sample of an unknown material suspected of containing a toxic material. You ask how the HMR apply to such a material being transported to an army laboratory for testing and analysis. Section 172.10l(c)(1l), states that except for certain materials, a shipper may assign a tentative shipping name, hazard class, and identification number to a material based on the shipper's knowledge of the material, the hazard precedence prescribed in § 173.2a, and defining hazard class criteria in Subchapter C. In this context, "tentative" means a temporary selection of a proper shipping name and hazard class used for a material until a more definite proper shipping name and hazard class can be assigned based on test data and analysis. Exact physical and chemical properties of many materials may be unknown because concentrations of the components vary from shipment to shipment. Therefore, the use of a tentative classification and proper shipping name is authorized. However, should a shipper obtain more specific data on the properties of the material, the hazard class and proper shipping name must be modified, as applicable. I hope this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Brach Standards and Rulemaking Division#

Page 2Andrews ~/7Z. 101 . Drakeford, Carolyn (PHMSA) Q'(l!)S i {J i cafIOYl From: INFOCNTR (PHMSA) 10 - 0 175 Sent: Tuesday, August 17, 2010 12:36 PM To: Drakeford, Carolyn (PHMSA) Subject: FW: Request for Official Interpretation of 49CFR Part 172.101 (UNCLASSIFIED) Carolyn, Another request for written interpretation. Thanks, Rob -----Original Message--- From: Carey) Stephen D Mr CIV USA HQDA DCS G-3/5/7 [mailto:CareySD-HQTMP@conus.army.mil] Sent: Tuesday, August 17, 2010 11:44 AM To: INFOCNTR (PHMSA) Subject: RE: Request for Official Interpretation of 49CFR Part 172.101 (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: FOUO Please let me know that status of this request. Vir) Steve Carey HQDA G-3/5/7 DAMO-SSD Consequence Management Branch 703-602-3145 -----Original Message----From: Carey, Stephen D Mr CIV USA HQDA DCS G-3/5/7 Sent: Wednesday) August 04) 2010 10:39 AM To: 'infocntr@rspa.dot.gov' Subject: Request for Official Interpretation of 49CFR Part 172.101 (UNCLASSIFIED) Classification: UNCLASSIFIED Caveat s : FOUO I am writing policy for the U.S. Army that includes guidance on classified chemical compounds. It will also address unknown chemical compounds suspected of having some degree of human toxicity. I request official interpretation of 172.101 as it would apply to the transportation of chemical compounds with classified characteristics (no MSDS, no shipping name) no shipping class) etc.). In addition, I request interpretation of the applicability of this guidance to a chemical compound with an unknown hazard. For example, if defense organizations operating in a theater of war collect a sample of unknown material suspected of possessing a human toxicity, what guidance applies to the shipment of that sample to or from an Army laboratory for analysis and testing to determine the composition of the compound and its potential toxicity? 1#

Page 3Vir, Steve Carey HQDA G-3/5/7 DAMO-SSD Consequence Management Branch 703-602-3145 Classification: UNCLASSIFIED Caveats: FOUO Classification: UNCLASSIFIED Caveats: FOUO 2#