{"operation":"document","citation":"11-0183","title":"Rit-Chem Co., Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-11-16","effective_on":null,"summary":"11-0183 response to Rit-Chem Co., Inc. concerning 172.101.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0183.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0183.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0183","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110183.pdf","body":"<<<PAGE 1>>>\n\nu.s. Department 1200 New Jersey Avenue SE\nof Transportation Washington, DC 20590\nPipeline and Hazardous\nMaterials Safety\nAdministration\nNOV 1 6 2011\nMr. Henry L. Ritell\nPresident and CEO\nRit-Chem Co., Inc.\n1 Zeiss Drive, Suite 200\nThornwood, NY 10594-1941\nReference No. 11-0183\nDear Mr. Ritell:\nThis is in response to your e-mail requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of sodium\nsaccharin and its salts. Saccharin and its salts were recently removed from the HMR's List\nof Hazardous Substances and Reportable Quantities (Appendix A to § 172.101) in a final\nrule published on June 27, 2011 [HM-1450; 76 FR 37283]. Specifically, you ask whether\nwith this removal, are saccharin and its salts now also considered non-hazardous materials\nand, therefore, not subject to the HMR.\nThe answer is yes. The removal of saccharin and its salts from the HMR List of\nHazardous Substances and Reportable Quantities was due to its removal as a substance by\nthe Environmental Protection Agency (EPA). EPA has ultimate discretion when\ndetermining what is or is not a hazardous substance. PHMSA is statutorily mandated to\nlist and regulate in the HMR EPA's list ofhazardous substances. Additionally, sodium\nsaccharin does not meet any other criteria for a hazardous material in the HMR, and,\ntherefore, is not subject to the regulations.\nI hope this information is helpful. Please contact this office should you need additional\nassistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom: INFOCNTR (PHMSA) 1/-()'~ 3\nSent: Monday, August 08, 2011 1 :05 PM\nTo: Drakeford, Carolyn (PHMSA)\nSubject: FW: Federal RegisterNol. 76, No. 123/Monday, June 27,2011 (Sodium Saccharin)\nHi Carolyn,\nWe received the following request for a letter of lnterpretation at the HMIC.\nThanks,\nVictoria\nFrom: Rit-Chem Co. Inc. [mailto:ritchem@ritchem.com]\nSent: Thursday, August 04, 2011 4:42 PM\nTo: INFOCNTR (PHMSA)\nSubject: FW: Federal Register/Vol. 76, No. 123jMondaYI June 271 2011 (Sodium Saccharin)\nAttn: Mr. Charles Betts - Dir. Standards &Rule Making Div.\nDear Mr. Betts,\nWe refer to the subject matter which clearly states that Sodium Saccharin and its salts have been removed from the list of\nhazardous substances by the EPA. Accordingly, and/or in conjunction with the DOT has revised the list of hazardous\nsubstances to exclude sodium saccharin and its salts.\nIt is sufficiently clear to me that our producer of saccharin in Taiwan no longer has to apply Haz-Mat labels, effective as of\nJune 27,2011. However, to clarify, am I correct in my assessment of the ruling and would you please comply with my\nrequest to so state in a written response? If it is more convenient, we post our corporate address below.\nThank you for time and attention to this matter. Your cooperation is greatly appreciated.\nSincerely,\nHenry L. Ritell\nPresident &CEO\nRit-Chem Co., Inc.\n1 Zeiss Dr. (Suite 200)\nThornwood, NY 10594-1941\nPhone: (914) 769-9110\nFax: (914) 769-1408\n1","truncated":false,"body_characters":3121}