Interpretation Response #05-0292 ([GenTek, Inc.] [Mr. Jeff W. Jakonczyk])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: GenTek, Inc.
Individual Name: Mr. Jeff W. Jakonczyk
Location State: NJ Country: US
View the Interpretation Document
Response text:
Dec 9, 2005
Mr. Jeff W. Jakonczyk Reference No. 05-0292
Director, Environmental Services
GenTek, Inc.
90 East Halsey Road
Parsippany, NJ 07054
Dear Mr. Jakonczyk:
This responds to your letter regarding determination of a proper shipping name for a sodium nitrite liquid solution under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- 180). According to your letter, the product you intend to offer for transportation does not meet the definition of a Division 5.1 material as defined in § 173.127 and is better classified as a Division 6.1 material and described as “Toxic liquid, inorganic, n.o.s. (sodium nitrite), 6.1, UN3287, PGIII.” Specifically, you ask this office for consent to make this determination.
In accordance with § 173.22, it is the shipper’s responsibility to properly classify a hazardous material and assign it a proper shipping name from the hazardous material Table (HMT; § 172.101). Such determinations are not required to be verified by this Office. In accordance with § 172.101(c)(12)(i), if it is specifically determined that a material. meets the definition of a hazard class, packing group or hazard zone, other than the class, packing group or hazard zone shown in association with the proper shipping name, or does not meet the defining criteria for a subsidiary hazard shown in Column 6 of the HMT, the material must be described by an appropriate proper shipping name listed in association with the correct hazard class, packing group hazard zone, or subsidiary hazard for the material. Provided the sodium nitrite you offer for transportation meets the definition of a Division 6.1 material, your classification is the most appropriate.
I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.
Sincerely,
Hattie L. Mitchell
Chief Regulatory Review and Reinvention
Office of Hazardous Materials Standards
173.1322(c)(2)