Interpretation Response #02-0158 ([Prince Agri Products, Inc] [Gail Dixon])

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

Interpretation Response Details

Response Publish Date: 04/17/2003

Company Name: Prince Agri Products, Inc

Individual Name: Gail Dixon

Location State: IL Country: US

View the Interpretation Document

Response text:

Apr 17, 2003

Ms. Gail Dixon                 Reference No. 02-0158
Prince Agri Products, Inc.
P.O. Box 1009
Quincy, IL 62306

Dear Ms. Dixon:

This is in response to your letter regarding the proper shipping name for your sodium selenite products.  Specifically, you ask that the basic description "Sodium selenite, 6.1, NA2630, PG II" be added into the § 172.101 Table of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  The entry was removed in a final rule published June 21, 2001 under Docket HM-215D.  Alternatively, you ask that a Packing Group II entry for the proper shipping names "Selenates or Selenites," UN2630 be added to the Table.  You state that your material meets the Packing Group II criteria in accordance with § 173.133.

We removed "Sodium selenite," NA2630 in the HM-215D final rule after receiving no opposing comments to the proposal in the notice of proposed rulemaking published on October 23, 2000. You may submit a petition for rulemaking in accordance with §§ 106.95 and 106.100 with respect to adding the domestic proper shipping name into the Table, or alternatively, adding a Packing Group II entry to the Table for "Selenates or Selenites," UN2630.

You state that because of the more restrictive packaging authorizations for the Packing Group I entry for "Selenates or Selenites," your package costs and handling procedures will increase.  If your material does not meet the Packing Group I criteria for Division 6.1, "Selenates" or "Selenites," UN2630 are not appropriate proper shipping names.  In accordance with § 172.101 (c)(12)(ii), when an appropriate technical name is not listed in the § 172.101 Table, you must select a proper shipping name from the generic or n.o.s. descriptions.  The proper shipping name must correspond to the specific hazard class, packing group, hazard zone, or subsidiary hazard, if any, for your material.  Based on the information in your letter, the appropriate basic description for your material is "Toxic solid, inorganic, n.o.s. (Sodium selenite), 6.1, UN3288, PG II."

I hope this information is helpful.  If you have additional questions, please do not hesitate to contact this office.

Sincerely,

Hattie L. Mitchell, Chief
Regulatory Review and Reinvention
Office of Hazardous Materials Standards

172.101(c)

Regulation Sections