{"operation":"document","citation":"13-0188","title":"Legend, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-12-05","effective_on":null,"summary":"13-0188 response to Legend, Inc. concerning 173.132, 173.155.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0188.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0188.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0188","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130188.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\nOtt 0 5 lOU\nMr. Don Collier\nManager - Order Fulfillment\nLegend, Inc.\n988 Packer Way\nSparks, NV 89431\nRef. No.: 13-0188\nDear Mr. Collier:\nThis is in response to your letter dated July 2, 2013, requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the\nclassification of mixtures of lead compounds containing lead oxide as a marine pollutant.\nYour questions are paraphrased and answered as follows:\nQ 1. You request confirmation of your understanding that to be classified as Division 6.1 a\nmaterial must meet the definition in§ 173.132(a). The lead compound mixtures being\nshipped do not meet the definition of a Division 6.1 poisonous material and therefore may\nnot be described as \"Lead compound, soluble, n.o.s.\" on the shipping document.\nAI. You are correct.\nQ2. To obtain the toxicity levels of the lead compound mixtures you performed a\ncalculation based on the actual toxicity of the ingredients and the combined chemical\nformulation of the product. You ask if this method for determining toxicity is acceptable.\nA2. The use of the formula provided in § 173.13 2( c )(3) is acceptable for classification of\nmixtures possessing toxicity hazards.\nQ3. You ask if international standards concerning toxicity levels for Division 6.1 are\nexpected to change in the foreseeable future.\nA3. Currently, no changes to the international standards relating to toxicity levels for\nDivision 6.1 are being considered. We are unable to speculate on the likelihood of future\nchanges.\nQ4. You ask if the criteria for the solubility oflead compounds in§ 172.102(c)(l), Special\nProvision 13 8 is applicable to the classification of a lead compound as a marine pollutant.\n\n<<<PAGE 2>>>\n\nA4. Yes. The defining criteria for the solubility of lead compounds are in § 172.1 02( c )(1 ),\nSpecial Provision 138. When we incorporated this definition, it was our intent for it to also\napply to the soluble lead compounds entry on the List of Marine Pollutants in § 172.101,\nAppendix B. However, we neglected to include that language. We intend to clarify this in a\nfuture rulemaking.\nQ5. If the lead compounds are classed as a marine pollutant, are they eligible for the limited\nquantity exception for Class 9 materials provided in § 1 73.15 5, including the package\nweight limitations? Further, you ask for guidance on how you might increase the gross\nweight limitation of the packages.\nAS. Yes. If the lead compounds are classed as a marine pollutant, the limited quantity\nexceptions for Class 9 materials provided in§ 173.155 would apply, including the maximum\ngross weight limitation of 30 kg (66 pounds) for each package. The 30 kg (66 pound) gross\nweight limitation would not apply if the products are shipped as fully regulated Class 9\nmaterials.\nI trust this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely, \"\n(\\~~~-\nL' International Standards Coordinator\nV Standards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nJuly 2, 2013\nU.S. Department of Transportation\nPipeline and Jiuzardous Materials Safety Administration\nEast Building. 2nd Floor\nMail Stop: E24-455\n1200 New Jersey Ave., SE\nWashington. DC 20590\nRE: Guidance Concerning Classification of a Mixture Under 49 CFR §173.\nDear Sir/Madam,\nOur company ships three categories of products that consist of mixtures constituting soluble lead\ncompounds that contain lead oxide (PbO). According to formulae~based calculations, none of the\nmixtures have sufficient toxicity levels to meet the definition of a Class 6.1 Poison described in 49 CFR\n§173.132laH1)(i}, (ii), or (iii). However, lead is listed in Annex B to the Hazardous Materials Table, and\neach of the mixtures contain lead oxide in excess of 10% of the respective mixture by weight, and\nappear to qualify as a Marine Pollutant pursuant to 49 CFR §171.8.\nWe would greatly appreciate interpretive guidance concerning each of the following:\nItem 1. Our understanding, based on other interpretations published by PHMSA, is that classification as\na Class 6.1 Poison pursuant to the Hazardous Materials Table {49 CFR §172.101) requires that the\nmaterial qualify under the definition described in Section 173.132 {a){l}(i), ((ii)_ or (iii). Based on our\ncalculations, our products involving the described mixtures do not meet the Class 6.1 definition, and\nshould not be classified as a Class 6.1 Poison and should not be described as \"Lead Compound, Soluble\nn.o.s.\" on shipping documents. Please confirm our understanding.\nItem 2. Our conclusion stated in Item 1 (above) concerning the toxicity level of our products is derived\nusing a calculation based on actual toxicity of ingredients and the combined chemical formulation for\nthe product. Please confirm that this method of determining toxicity is acceptable for our purpose, and\nthat specific product toxicity tests are not required when evaluating application of Section 173.132.\nItem 3. In light of the process of harmonization of 49 CFR §§171-179 with international standards\n(including IMDG), are the criteria in 49 CFR 173.132 concerning toxicity levels for Cfass 6.1 Poison\nexpected to change in the foreseeable future? If so, are the criteria and effective date known or\npredictable at this time?\nItem 4. Each of the three mixtures described above contain lead oxide in a concentration that exceeds\n10% of the respective mixture by weight and appear to constitute a Class 9 Marine Pollutant as a \"Lead\n\n<<<PAGE 4>>>\n\nCompound, soluble, n.o.s.\" per Annex B to the Hazardous Materials Table. As mentioned, the lead oxide\nis soluble per§ 172.102 Provision 138, but insoluble in water and consists of particles meaningfully\nlarger than the 100 micron threshold {actual size is 800r2000 Microns (95% Pass)} for which Reportable\nQuantity non-applicable. We believe that as such they do not meet the definition of Marine Pollutant\nper 49 CFR §171.8 and do not require a Class 9 classification per 49 CFR §173.140. Please confirm or\ncorrect our understanding.\nItem 5. !four understanding in Item 4 is not correct, we believe that the insolubility in water and the\nlarge particle size, augmented by our use of appropriately protective inner packaging and strong outer\npackaging, should allow us to ship by aft modes of transportation per the exception from classification as\na Class 9 Marine Pollutant for inner packaging weighing not more than 30 kilograms each. We ask for\nconfirmation of this understanding, and further, we ask for guidance on how we might increase the\ngross weight limit of our inner package given the water insolubility and larger particle size that our\nproducts offer.\nThank you for your assistance concerning these items. We look forward to receiving your guidance.\n-\n-·~~~-~,_\nBest Regards,\n.\\/\n{ '-\n.... ,. ______ _\nDon Collier\nManager- Order Fulfillment\nLegend, Inc.\n988 Packer Way\nSparks, NV 89431\n775.786.3003\ndcolfier@lmine.com\nLEGEND, Inc.\n988 Packer Way, Sparks, NV 89431 Phone: (775) 786-3003 Fax: {775) 786-3613\n\n<<<PAGE 5>>>\n\n/ .·· .\n.\nLEGEND\nDon Collier\nManager- Order Fulfillment\nlegend, Inc.\n988 Packer Way\nSparks, NV 89431\nJuly 2, 2013\nU.S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\nEast Buildi11g. 2nd Floor\nMail Stop: E24-455\n1200 New Jersey Ave., SE\nWushington, DC 20590\nDear Sir/Madam:\nln response to technical opinion provided by Dr. Ke (attached) concerning lead oxide (PbO),\nplease accept included letter requesting guidance and interpretation.\nI look forward to your response.\nSincerely,\nDon Collier\nLEGEND, Inc.\n988 Packer Way, Sparks, NV 89431 Phone: (775) 786~3003 Fax: (775) 786-3613","truncated":false,"body_characters":7778}