{"operation":"document","citation":"16-0012","title":"Patterson Companies, Inc — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2016-05-19","effective_on":null,"summary":"16-0012 response to Patterson Companies, Inc concerning 171.22, 172.102, 173.2, 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0012.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0012.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0012","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/160012.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMAY 192016\n;\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nRobb Boros\nRegulatory Compliance Specialist\nPatterson Companies, Inc.\n1905 Lakewood Drive\nBoone, IA 50036\nRef. No.: 16-0012\nDear Mr. Boros:\nThis letter is in response to your January 15, 2016, email and subsequent phone call\nregarding the applicability of the Hazardous Materials Regulations {HMR; 49 CFR Parts\n171-180) to the classification of soda lime. In your email, you describe soda lime that is·\ncomprised of calcium hydroxide and a small concentration of sodium hydroxide. In your\nletter, you state that according to your manufacturers, in some scenarios soda lime may\ncontain sodium hydroxide or potassium hydroxide in concentrations of less than 4%. In your\nemail and phone correspondence, you ask for verification of statements about classification\nand use of the HMR for international shipments. Your questions have been paraphrased and\nanswered as follows:\nQl: You ask whether Soda lime containing less than 4% sodium hydroxide found to meet\nthe definition of one or more hazard classes and divisions would be a hazardous\nmaterial and therefore subject to the HMR.\nAl: The answer is yes. The § 172.102 Hazardous Materials Table (HMT) qualifies the\nuse of shipping description \"UN1907, Soda lime\" with having more than 4% sodium\nhydroxide. Nevertheless, if a material (in this case, soda lime containing less than\n4% sodium hydroxide) meets the defining criteria of one or more hazard classes, it\nmust be shipped as a hazardous material in accordance with§ 173.2(a).\nQ2: You ask if Soda lime containing less than 4% sodium hydroxide that is found to meet\nthe definition of a corrosive material (class 8), would require a generic shipping name\nsince the material in question does not meet the qualifying concentration of sodium\nhydroxide for \"UNI 907 Soda lime.\"\nA2: The answer is yes. Because the proper shipping name \"UN1907, Soda lime\" is\nqualified-with having a concentration of sodium hydroxide of more than 4%, the\nmaterial you describe should be transported under a more specific proper shipping\nname. In this specific case, a generic proper shipping name would be the most\naccurate name to describe your material.\n1\n\n<<<PAGE 2>>>\n\nQ3: A3: Q4: A4: Q5: AS: You ask if soda lime containing more than 4% sodium hydroxide that also meets the\ndefinition of a class 8, packing group II hazardous material, would require a generic\nshipping name since UN1907 Soda lime would only be eligible for soda lime\ncontaining more than 4% sodium hydroxide meeting packing group III criteria.\nIn conformance with§ 173.22 ofthe HMR, it is the shipper's responsibility to\nproperly classify a hazardous material. This Office generally does not perform this\nfunction. However, based on the information you provided it is the opinion of this\nOffice that the material you described would be properly classified as \"UN3626,\nCorrosive, solid, basic, inorganic, n.o.s.\" instead of \"UN1907, Soda lime.\"\nYou ask if \"UN3262 Corrosive, solid, basic, inorganic, n.o.s.\" (with the applicable\ntechnical name in parentheses) would be an appropriate proper shipping name for\nsoda limes describe in numbers Q2 and Q3 above.\nThe answer is yes. See A2 and A3 ci.bove.\nYou ask if a hazardous material subject to the HMR; but excepted from or not subject\nto international regulations when shipped into the United States, must comply with all\napplicable requirements in the HMR (classification, packaging, labeling, marking,\nshipping paperwork) prior to its arrival in the United States (see§ 171.22(c)).\nThe answer is yes. Any shipment of hazardous materials transported into the United\nStates must be in conformance with the HMR (see § 171.222( c))\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\n~~~+~--.....\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n2\n\n<<<PAGE 3>>>\n\nGoodall, Shante CTR (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nGeller, Shelby CTR (PHMSA)\nFriday, January 15, 2016 2:45 PM\nHazmat Interps\nFW: Request for Interpretation\nDear Shante and Alice,\nForwarded is a request for a formal letter of interpretation. Mr. Boros spoke with Eamonn and myself. His address is:\nRobb Boros\nc/o Patterson Logistics Services, Inc.\n1905 Lakewood Drive\nBoone, IA 50036\nThanks,\nShelby\nFrom: Boros, Robb [mailto:robb.boros@pattersoncompanies.com]\nSent: Thursday, January 14, 2016 5:24 PM\nTo: INFOCNTR (PHMSA)\nSubject: Request for Interpretation\nThe material in question is soda lime which is used in closed breathing environments, such as general anesthesia, to\nremove carbon dioxide from breathing gases to prevent C02 retention and carbon dioxide poisoning. The soda lime is a\npowder pressed into a small pellet which is easily crushed back into a powder when pressed between finger and thumb.\nThe soda lime is comprised of calcium hydroxide with a small concentration of sodium hydroxide. Some formulations\ncontain a small concentration of potassium hydroxide in addition to the sodium hydroxide. According to the\nmanufacturers, the concentration of sodium hydroxide is less than 4%; and when present the concentration of\npotassium hydroxide is less than 4% as well.\nI am looking to verify the following:\n1. Soda lime containing less than 4% sodium hydroxide found to meet the defining criteria for one or more hazard\nclasses and divisions would be a hazardous material and therefore subject to the HMR.\n2. Soda lime containing less than 4% sodium hydroxide found to meet the definition of a corrosive (class 8), would\nrequire a generic shipping name since the material in question does not meet the qualifying concentration of\nsodium hydroxide for UN1907 Soda lime. _ -~\n~··----'~~\n3. Soda lime containing more than 4% sodium hydroxide in class 8 found to be packing group')~, would require a\ngeneric shipping name since UN1907 Soda lime would only be eligible for soda lime containing more than 4%\nsodium hydroxide meeting packing group Ill criteria.\n1\n\n<<<PAGE 4>>>\n\n4. UN3262 Corrosive, solid, basic, inorganic, n.o.s. (with the applicable technical names in parentheses) would be an\nappropriate proper shipping name for the soda limes described in numbers 2 and 3 above.\n5. It is my understanding of that a material subject to the HMR, but excepted from or not subject to international\nregulations when shipped into the United States must comply with all applicable requirements in the HMR\n(classification, packaging, labeling, marking, shipping paperwork) prior to arrival to the United States. [171.22(c)]\nThanks\nRobb Boros\nRegulatory Compliance Specialist\nPatterson Companies, Inc.\nSlS.433.1700\nrobb.boros@pattersoncompanies.com\nEMAIL CONFIDENTIALITY NOTICE: This email transmission and any attachments that accompany it may contain information that is confidential or\notherwise exempt from disclosure under applicable iaw and is intended solely for the use of the individual(s) to whom it was intended to be addressed. If\nyou have received this email by mistake, or you are not the intended recipient, any disclosure, dissemination, distribution, copying or other use or\nretention of this communication or its substance is prohibited. If you have received this communication in error, please immediately report to the author\nvia email that you received this message by mistake and also permanently destroy printed copies and delete the original and all copies of this email and\nany attachments from your computer.\n2","truncated":false,"body_characters":7564}