Interpretation Response #07-0017 ([The Valspar Corporation] [Eric Barcaskey])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: The Valspar Corporation
Individual Name: Eric Barcaskey
Location State: DC Country: US
View the Interpretation Document
Response text:
Mar 20, 2007
Eric Barcaskey Reference No. 07-0017
Corporate Hazmat Transportation Compliance
The Valspar Corporation
1101 South Third Street
Minneapolis, MN 55415
Dear Mr. Barcaskey:
This is in response to your January 16, 2007 letter requesting clarification of the shipping paper requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- 180). Specifically, you ask for clarification of the shipping description sequence on the shipping paper and if 'paint is an acceptable technical name for a material classed as Combustible liquid, n.o.s, NA 1993.
On December 29,2006, PHMSA issued a final rule to amend the HMR to maintain alignment with international standards and harmonize the HMR with recent changes to the International Maritime Dangerous Goods (IMDG) Code, the International Civil Aviation Organization (ICAO) Technical Instructions, and the United Nations Recommendations on the Transport of Dangerous Goods Model Regulations (HM-215I; 71 FR 78596; The final rule states that, beginning January 1, 2007, the shipping description sequence consisting of identification number first, followed by the proper shipping name, hazard. class, and packing group, will be mandatory on shipping documents prepared according to the ICAO Technical Instructions and the IMDG Code. However, the rule adopts this shipping description sequence with a delayed compliance date of January 1, 2013. Therefore, for domestic shipments, the shipping description sequence in effect on December 31, 2006 (proper shipping name, hazard class, ID number, and packing group), may be used until January 1, 2013 (171.14(e)).
As defined in § 171.8 of the HMR, "technical name means a recognized chemical name or microbiological name currently used in scientific and technical handbooks, journals, and texts. A generic description is authorized for use as a technical name provided it readily identifies the general chemical group or microbiological group. The term "paint does not specifically identify the hazard by name or group; therefore, "paint is not an acceptable technical name.
I hope this information is helpful. Please contact us if you require additional assistance.
Sincerely,
John A. Gale
Standards Development
Office of Hazardous Materials Standards
171.8, 172.203, 173.120(b)