Interpretation Response #08-0246 ([Tetra Micronutrients] [Ms. Becky Beasley])

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

Interpretation Response Details

Response Publish Date: 10/16/2008

Company Name: Tetra Micronutrients

Individual Name: Ms. Becky Beasley

Location State: NE Country: US

View the Interpretation Document

Response text:

October 16, 2008

Ms. Becky Beasley

Traffic Manager

Tetra Micronutrients

71025 569 Avenue

Fairbury, NE 68352

Ref. No. 08-0246

Dear Ms. Beasley:

This responds to your September, 25 2008 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask for the HMR requirements applicable to paperwork, packaging, loading, driver training, and transporting a material classed as "Environmentally hazardous substance, solid n.o.s., Class 9, UN 3077, PG III (zinc sulfate)," in 50 and 2,000 pound bags and 25-35 ton bulk loads. In addition, you ask if the CLASS 9 placard is required on the vehicle or packages.

A Class 9 material transported by highway is subject to the shipping paper requirements in Part 172, Subpart C and § 177.817; the packaging requirements in Column 8 of the Hazardous Materials Table (HMT; § 172.101); and the requirements in Part 177, including driver training, loading, unloading, and carriage requirements. A CLASS 9 placard is not required for domestic transportation (see § 172.504(f)(9)). However, each non-bulk package (e.g. 50 pound bag) must be marked with the proper shipping name and identification number as provided by § 172.301 and must have a CLASS 9 label as provided by § 172.400. Bulk packages (e.g., 2,000 pound bag and 25-35 ton bulk load) containing a Class 9 material must be marked with the appropriate identification number displayed on a CLASS 9 placard, an orange panel, or a white-square-on-point display configuration.

You should also note that a hazardous substance is defined in § 171.8 as a material, including its mixtures and solutions, that is listed in Appendix A to § 172.101, and is in a quantity, in one package, that equals or exceeds the reportable quantity (RQ) for the material listed in Appendix A. Zinc sulfate is listed in Appendix A with an RQ of 1,000 pounds. The 50 pound bag you describe may not meet the definition of a hazardous substance as defined in § 171.8, because the amount in each bag does not exceed the RQ for zinc sulfate.

I hope this information is helpful. Please contact us if you require additional assistance.

Sincerely,

Susan Gorsky

Acting Chief, Standards Development

Office of Hazardous Materials Standards

172.101, 177.817,

Regulation Sections