Interpretation Response #04-0017 ([Regulatory Resources, Inc.] [Mr. Wade A. Winters])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 03/09/2004

Company Name: Regulatory Resources, Inc.

Individual Name: Mr. Wade A. Winters

Location State: WA Country: US

View the Interpretation Document

Response text:

Mar 9, 2004

Mr. Wade A. Winters                Reference No. 04-0017
Regulatory Resources, Inc.
240 Joshua Road
Kennewick, WA 99338

Dear Mr. Winters:

This responds to your January 14, 2004, letter requesting clarification on the classification criteria for toxic materials under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if your urethane polymer product containing 89% bifenthrin, when shipped in a solid pancake disk form, meets the defining criteria in § 173.132(d) for a Division 6.1 material at the Packing Group III level.

According to the material safety data sheet enclosed with your letter, the toxic constituent (bifenthrin) in your urethane polymer product does meet the defining criteria in § 173.132(d) for oral toxicity.  However, you indicate that the physical form of the product that contains the toxic material makes poisoning unlikely.  You state that, given the physical form of the product, which is a solid pancake-shaped disk approximately 4 inches by 4 inches and 0. 125 inch thick, the product does not meet the defining criteria in Part 173 and, thus, does not pose a risk in transportation.

Based on the information provided, it is the opinion of this Office that, when shipped in the solid disk form, the bifenthrin contained in your urethane polymer product does not pose a risk in transportation because the bifenthrin is completely contained in the urethane polymer product.  As you note, exposure to or ingestion of the bifenthrin contained in the urethane polymer product is extremely unlikely to occur.  Therefore, in its solid disk form, your product does not meet the definition of a hazardous material and is not subject to the HMR.

I hope this answers your inquiry.

Sincerely,

Susan Gorsky
Senior Transportation Regulations Specialist
Office of Hazardous Materials Standards

173.132

Regulation Sections