Interpretation Response #15-0119 ([Information and Insights] [Mr. Kevin Skerrett])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Information and Insights
Individual Name: Mr. Kevin Skerrett
Location State: NY Country: US
View the Interpretation Document
Response text:
October 26, 2015
Mr. Kevin Skerrett
Senior Regulatory Specialist
Information and Insights
23 British American Blvd.
Latham, NY 12110
Reference No. 15-0119
Dear Mr. Skerrett:
This responds to your June 15, 2015 letter regarding the use of a technical name in shipping descriptions under the Hazardous Materials Regulations (49 CFR Parts 171-180). Your questions are paraphrased and answered below.
Q1. Are general chemical group names permitted when the use of a technical name is required?
A1. Yes, when a technical name is required to appear on a shipping paper or on a package, generic descriptions are authorized for use as technical names provided they readily identify the general chemical group or microbiological group.
Q2. Are general chemical group names permitted when the material is a hazardous substance or a marine pollutant?
A2. Hazardous substances and marine pollutants are listed by name in Appendix A and B to § 172.101. When determining if a material is a hazardous substance or a marine pollutant the material must be listed by name in the appropriate list. The use of a general chemical group for a hazardous substance or a marine pollutant would only be appropriate if the material is identified by the general chemical group on the hazardous substance or marine pollutant lists, as applicable.
Q3. Are general chemical group names permitted when a technical name or a chemical name of a marine pollutant is required to appear on a shipping paper or on a package in accordance with the International Maritime Dangerous Goods (IMDG) Code?
A3. Yes, in accordance with 3.1.2.8 of the IMDG code, generic and "not otherwise specified" proper shipping names that are assigned to special provision 274 or 318 must be supplemented with the technical or chemical group name unless national law or international convention prohibits its disclosure if it is a controlled substance. For the purposes of documentation of marine pollutants in accordance with 3.1.2.9 of the IMDG code, the shipping description must be supplemented with the recognized chemical name that most predominantly contributes to the classification as a marine pollutant.
Q4. In your letter you ask whether "d-limonene" is a marine pollutant in accordance with the HMR. You note that "d-limonene" is not listed in appendix B to § 172.101 but "dipentene" is specifically listed in appendix B to § 172.101.
A4. Yes, d-limonene could meet the defining criteria for a marine pollutant if it is in a concentration that equals or exceeds 10%. While d-limonene is not specifically listed in appendix B to § 172.101 as it is in 2.9 of the IMDG Code, it is an isomer of the more generic dipentene and must be transported in accordance with the HMR.
Q5. Is a product that contains greater than 10% of d-limonene required to be considered a marine pollutant based on the listing of dipentene?
A5. Yes, see A4.
Q6. Suppose that d-limonene was a marine pollutant, what technical name would be required? Specifically is "dipentene," "d-limonene" or a different technical name acceptable?
A6. As noted in A4 d-limonene would meet the defining criteria for a marine pollutant if it is in a concentration that equals or exceeds 10%. Provided the substance or mixture met the definition for a marine pollutant, the proper shipping name must be supplemented with the technical name in this case "d-limonene" or "dipentene" would be acceptable. As provided by § 172.203(l) if the proper shipping name for a material which is a marine pollutant does not identify by name the component which makes the material a marine pollutant, the name of that component must appear in parentheses in association with the basic description. Chapter 3.1.2.9 requires that the proper shipping name of generic or not otherwise specified entries which are classified as marine pollutants in accordance with 2.10.3 be supplemented with the recognized chemical name (technical name) of the constituent that most predominately contributes to the classification of a marine pollutant.
Q7. Do the HMR include an exception from disclosing the technical name if the material is a controlled substance similar to 3.1.2.8.1 of the IMDG Code?
A7. No, the HMR do not include an exception from the requirement to supplement the shipping description with a technical name for a controlled substance.
Q8. Would the U.S. recognize the exception from disclosure of a technical name for a controlled substance provided in the IMDG code? Would the exception apply to a marine pollutant if the controlled substance were also a marine pollutant?
A8. Yes, a hazardous material may be offered for transportation and transported to from or within the United States by vessel, and by motor carrier and rail in accordance with the IMDG code provided all or part of the transportation is by vessel. If a shipment was offered for transport in accordance with the IMDG Code, the offeror could use the exception from disclosing the name of a controlled substance. The exception in 3.1.2.8.1 from disclosure of a controlled substance would apply to a marine pollutant if the proper shipping name for the material that meets the criteria of marine pollutant is a "generic or not otherwise specified" proper shipping name that is assigned to special provision 274 or 318 in column 6 of the dangerous goods list.
I hope this answers your inquiry. If you need additional assistance, please contact the Standards and Rulemaking Division at (202) 366-8553.
Sincerely,
Ben Supko
Senior Regulations Officer
Standards and Rulemaking Division
172.101, 172.203(l)