{"operation":"document","citation":"13-0076","title":"Patterson Companies, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-07-15","effective_on":null,"summary":"13-0076 response to Patterson Companies, Inc. concerning 172.405, 173.132, 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0076.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0076.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0076","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130076.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nJUL 1 5 2013\nMr. Robb Boros\nPatterson Companies, Inc.\n1905 Lakewood Drive\nBoone, Iowa 50036\nReference No. 13-0076\nDear Mr. Boros:\nThis is in response to your April 11, 2013 letter requesting clarification on the classification\nof a material under the Hazardous Materials Regulations (I-IMR; 49 CFR Parts 171-180). The\nmaterial you describe in your letter is a 47.6% solution of gluteraldehyde using a shipping\nname of \"Corrosive liquid, organic, n.o.s.\" You state that according to the National Institute\nof Health, glutaraldehyde has an LD50 value of 134 mg/kg. Further, in your letter you state\nthat using the equation provided in§ 173.132(c)(3) resulted in a calculated LD50 value of\n280.69 mg/kg oral rat. You ask if the results of the calculation are correct, would the\nglutaraldehyde solution meet the definition of a toxic liquid? In addition, you ask whether it\nis permitted to apply the Packing Group (PG) III toxic label authorized in§ 172.405(c) as the\nsubsidiary hazard label in addition to the corrosive diamond label?\nIn accordance with § 173.22, it is the shipper's responsibility to properly classify a hazardous\nmaterial. This Office does not generally perform that function. However, based on the test\nresults you provided, the material does meet the LD50 criteria for acute oral toxicity. Also,\nbased on this information, we agree that the material does meet the definition in\n§ 173.132(a)(l)(i) for a Division 6.1 material. Therefore, if the material has a subsidiary\nhazard which is classed as Division 6.1, Packing Group III, the subsidiary \"POISON\" label\nmay be modified to display the text \"PG III\" instead of\"POISON\" or \"TOXIC\" below the\nmid line of the label as specified in § 172.405( c).\nI hope this satisfies your request.\nSincerely,\nc--Y#~~~·\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nAndrews .\n~113 ·13cfl(t)(3)\n~ 11~, !4f~6 {e)\nDrakeford, Carolyn (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nImportance:\nINFOCNTR (PHMSA)\nThursday, April 11, 2013 3:57 PM\nDrakeford, Carolyn (PHMSA)\nFW: Glutaraldehyde solution 47.6%\nHigh\nHi Carolyn,\nThis caller requested we submit his e-mail as a formal letter of interpretation.\nThanks,\nVictoria\nFrom: robb.boros@pattersoncompanies.com [mailto:robb.boros@pattersoncompanies.com]\nSent: Wednesday, April 10, 2013 6:30 PM\nTo: INFOCNTR (PHMSA)\nSubject: Glutaraldehyde solution 47.6%\nImportance: High\nA company classifies a 47.6% solution of glutaraldehyde as Corrosive liquid, acidic, organic, n.o.s .. However, several\nsources, including the NIH, has identified Glutaraldehyde as having an LD50 value of 134mg/kg oral rat. Upon calculating\nthe toxicity using the equation in 173.132(c)(3) resulted in a calculated LD50 value of 280.69 mg/kg oral rat.\nQuestion 1:\nBased on the calculation above, am I correct that the glutaraldehyde solution would meet the definition of a toxic liquid\nsince the calculated value is less than 300mg/kg oral rat?\nQuestion 2:\nIf my understanding above is correct, the full shipping description would be UN2922, Corrosive liquid, toxic, n.o.s.\n(Glutaraldehyde), 8(6.1 ), PGII. But since the toxicity is PG Ill would I be able to apply the packing group Ill toxic label\nauthorized in 172.405(c) as the subsidiary hazard label in addition to the corrosive diamond label?\nThanks\nRobb Boros\nRegulatory Compliance Specialist\nPatterson Companies, Inc.\n515.433.1700 (Fax 1701)\nNOTICE: This email transmission and any attachments that accompany it may contain information that is confidential or\notherwise exempt from disclosure under applicable law and is intended solely for the use of the individual(s) to whom it was\nintended to be addressed. If you have received this email by mistake, or you are not the intended recipient, any disclosure,\ndissemination, distribution, copying or other use or retention of this communication or its substance is prohibited. If you\nhave received this communication in error, please immediately report to the author via email that you received this message\nby mistake and also permanently destroy printed copies and delete the original and all copies of this email and any\nattachments from your computer.\n1","truncated":false,"body_characters":4339}