{"operation":"document","citation":"99-0218","title":"Cerac Incorporated — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2000-03-02","effective_on":null,"summary":"99-0218 response to Cerac Incorporated concerning 173.132.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0218.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0218.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0218","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1999/990218.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nWashington, D.C.\n400 Seventh Street, S.W.\n20590\nResearch and\npecial Program\ndministratio\nMAR\n2 2000\nMr. Gerry Manley, CHMM\nSafety & Environmental Manager\nRef. No. 99-0218\nCerac Incorporated\nP.O. Box 1178\nMilwaukee, WI 53201-1178\nDear Mr. Manley:\nThis is in response to your letter dated July 29, 1999, requesting clarification on the applicability of\nprovisions in § 173.13?(d) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to\nyour products, machined shapes such as sputtering targets and evaporation cones containing traces of\npoisonous materials in solid form.\nBased on your conversation with Dr. George Cushmac, Office of Hazardous Materials Technology and\nMs. Deborah Boothe of my staff, you are requesting a determination as to whether machined\nshapes/parts such as sputtering targets and evaporation cones containing elements such as arsenic,\nbarium, cadmium and selenium are regulated under the HMR. In a follow up conversation with Ms.\nBoothe, you stated that these elements can be impurities occurring naturally in the metal itself or\npermanently soldered/ bonded to copper backing plates or to the disk itself that can not be removed by\nevents such as friction, scratching, or scraping. You also stated that these materials can not cause\nserious sickness or death due to the physical characteristics of these materials and lack of probable\nhazard.\nIt is the opinion of this Office that the items described above are not subject to the HMR. This\ndetermination is made in accordance with § 173.132(d).\nI hope this satisfies your request.\nSincerely,\nDirector, Office of Hazardous\nMaterials Standards\n173.132\n990218\n\n<<<PAGE 2>>>\n\nBecthe.\nCERA Corporated\n9113.132.\nQuality Manufacturing Since 1964\nP.O. Box 1178 • Milwaukee, WI\n53201-1178 • U.S.A. • Phone: 414-289-9800 • Fax: 414-289-9805\n99-0218\nMr. Alan I. Roberts\nAssociate Administrator for Hazardous Materials Safety\nJuly 29, 1999\nRSPA\nUSDOT\nWashington, DC 20590-0001\nDear Sir,\n• /\nPursuant to 49 CFR 173.132 (a), CERAC, inc. requests confirmation that the physical\ncharacteristics or probable hazards of the material specified below will not cause serious sickness\nor death, in order that categories specified in 173.132 (a)-(c) shall not apply. Mr. George\nCushmac, a chemist with the Office of Hazardous Material Technology, out of the Office of\nHazardous Material Safety, indicated you would be the appropriate person to provide written\nconfirmation of this determination.\nCERAC, inc. is a specialty inorganic chemical manufacturer. Included in CERAC's product\noffering are compounds identified as poisonous materials in the Hazardous Materials Table\n172.101, due to the presence of elements such as arsenic, barium, cadmium and selenium. The\nprimary route of entry of concern to humans for these materials is inhalation.\nThe physical form of CERAC's product offering includes powders, pieces, and machined shapes\nin accordance with 173.132.\nsuch as sputtering targets and evaporation cones. CERAC currently offers all of these materials\nCERAC requests your determination that machined shapes such as sputtering targets and\nevaporation cones will not cause serious sickness or death due to the physical characteristics of\nthese materials or lack of probable hazard. CERAC has no knowledge of any incident involving\nmachined parts in transit that resulted in any serious sickness or death.\nThis determination will have no bearing on the manner in which CERAC's powders and pieces\nare managed. Powders and pieces will continue to be classified as hazardous materials pursuant\nto 173.132.\nIf there are any questions or concerns regarding this request, please do not hesitate to contact me\nat (414) 289-9800 x277.\nThank you for your time and consideration.\nI en\nManle\nGerry Mantey, CHMM\nSafety & Environmental Manager\nE-Mail: marketing@CERAC.com\nURL: http://www.cerac.com\nSpecialty Inorganics • Thin Flim Matorials • Sputtering Targets • Production Quantity and Small-tot Manufacturing • Custom Preparations\n-","truncated":false,"body_characters":4039}