Interpretation Response #04-0014 ([Jet-Lube, Inc.] [Mr. Donald A. Oldiges])

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

Interpretation Response Details

Response Publish Date: 02/12/2004

Company Name: Jet-Lube, Inc.

Individual Name: Mr. Donald A. Oldiges

Location State: TX Country: US

View the Interpretation Document

Response text:

Feb 12, 2004

Mr. Donald A. Oldiges                 Reference No. 04-0014
Technical Director
Jet-Lube, Inc.
4849 Homestead Rd., Suite 200
Houston, TX 77028

Dear Mr. Oldiges:

This is in response to your January 19, 2003 letter regarding the classification of copper metal powder as a marine pollutant under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  Specifically, you state your product, a controlled friction thread compound, contains less than 10% metallic copper powder as well as graphite and other solid boundary lubricants in a highly water resistant grease carrier.  You provide toxicity test results for this product, but do not indicate the mode of transportation.  You ask whether this thread compound, and a second product, require marine hazardous labeling and handling.

Section 173.22 requires a shipper to properly class and describe the hazardous material in accordance with Parts 172 and 173 of the HMR.  This Office does not perform that function.  As defined in § 171.8, a marine pollutant is a material which is listed in appendix B to § 172.101 of this subehapter (also see § 171.4) and, when in a solution of or mixture of one or more marine pollutants, is packaged in a concentration that equals or exceeds: (1) ten percent by weight of the solution or mixture for materials listed in the appendix, or (2) one percent by weight of the solution or mixture for materials that are identified as severe marine pollutants in the appendix.

Copper metal powder is found in appendix B to § 172.101, list of marine pollutants, as a severe marine pollutant.  If you are transporting this material by water, you are subject to the marking requirements of the HMR for marine pollutants

I hope this information is helpful.

Sincerely,

Susan Gorsky
Senior Transportation Regulations Specialist
Office of Hazardous Materials Standards

173.22

Regulation Sections