{"operation":"document","citation":"98-0150","title":"Browning Chemical Corp. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1998-08-10","effective_on":null,"summary":"98-0150 response to Browning Chemical Corp. concerning 172.401.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0150.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0150.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0150","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1998/980150.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n400 Seventh Street, S.W\nResearch and\nSpecial Programs\nAdministration\nAUG 1 0 1998\nMr. Bruce M. Pershan\nBrowning Chemical Corp.\nRef. No. 98-0150\n707 Westchester Avenue\nWhite Plains, New York 10604-3104\nDear Mr. Pershan:\nThis is in response to your letter dated June 27, 1998, requesting clarification concerning\nsodium percarbonate which you state is required to be labeled under European requirements\nas an oxidizer but is not subject to the Hazardous Materials Regulations (HMR; 49 CFR Parts\n171-180) for transportation in the United States. You asked whether this material may be\naccepted and distributed in the United States if the European hazard warning label appears on\n1\nthe package.\nSection 172.401 permits labeling in accordance with the ICAO Technical Instructions, IMDG\nCode, or Canadian TDG Regulations if a material is a hazardous material or dangerous good\nunder any of these regulations. The HMR do not authorize labeling in accordance with the\nADR/RID regulations. Therefore, a package may not display a hazard warning label for\n=\ntransportation in the United States if it contains a material regulated only under the European\n:\nroad or rail regulations. However, a shipment imported into the United States in accordance\nwith the IMDG Code under § 171.12 of the HMR may be offered for transportation and\ntransported in the United States to its final destination.\nFor your information, sodium percarbonate was removed from the HMR and international\ntransportation regulations as a proper shipping name. However, available test data now\nindicates this material meets the hazard class defining criteria for a Division 5.1, Packing\nGroup III. Therefore, it is our opinion that sodium percarbonate is subject to the HIMR and\nmust be shipped as an oxidizing material.\nI hope this satisfies your request.\nSincerely,\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\n2, 41-29-1998 05:44\nP.01/02\nBROWNING CHEMICAL CORP._\n707 WESTCHESTER AVENUE • WHITE PLAINS, NY 10604 - 3104\nSUBSIDIARY OF JLM MARKETING INC.\nTELEPHONE: 914 GB6-0300\nFAX: 914 686-0310\nBoothe\nEACSIMILE MESSAGE\nFile: 172,401\nDATE: 06/27/98\nFROM: Bruce M. Pershan\nTO: Edward Mazzulo\nCOMPANY: Office Of Hazardous\nMaterials Standards,\nWashington, DC\nOUR FAX: [914] 761-3792\nNUMBER OF PAGES\nFAX NUMBER: [202] 366-3012\n(INCLUDING COVER SHEET)\n2\nIF THIS TRANSMISSION IS NOT RECEIVED CORRECTLY OR PAGES ARE MISSING,\nPLEASE CALL BROWNING CHEMICAL CORPORATION AT [800] 771-0008.\nRe: Sodium Carbonate Peroxyhydrate\nBrowning Chemical is a domestic distributor of mostly imported chemicals. We are in\nthe process of qualifying a European supplier who has advised he must use the enclosed\nlabel to satisfy EU requirements. Another supplier in Asia also uses a warning label but it\ndoes not have a symbol to reflect the oxidizing properties of the product. IMO and DOI\nregulations except the chemical [see Sodium Percarbonate] from transport regulations.\nOur concern is that if we have the enclosed label on product we ship it will cause\nconfusion with customers and possibly state authorities performing inspections. We\ntherefore would like a written interpretation of the regulations by the DOT. It should\nexplain that the product has oxidizing properties, however, it is not considered a\nhazardous material for DOT purposes.\nWe understand it may take a little while for your department to research and write about\nthis matter. I would greatly appreciate it if you would simply have this note faxed back\nwith an approximate reply date. Thank you.\n•\nRegards,\nBruce M. Pershurs\n•.\n\n<<<PAGE 3>>>\n\n\" \"•\nMFR on Letter Ref. No. 98-0150\n7-15-98\nPer conversation with Fritz Wybenga, International Standards Coordinator and Charlie Ke,\nChemist on July 15, 1998:\nSodium percarbonate was taken off the list of hazardous materials for both domestic and\ninternational transportation. However, test data has been made available to DOT that indicates\nthis material meets DOT hazard class defining criteria for a Division 5.1, Packing Group III\nOxidizer.\nTherefore, unless Mir. Pershan's material test data is different (e.g., material is at a concentration\nso low that it does not meet the hazard class criteria for Division 5.1, PG III material), his\nmaterial is regulated under the HMR, and must be shipped IAW the HMR.\nDeboral Dostho","truncated":false,"body_characters":4405}