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Interpretation Response #07-0046 ([Degussa Corporation] [Mr. John Foglio])

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

Interpretation Response Details

Response Publish Date:

Company Name: Degussa Corporation

Individual Name: Mr. John Foglio

Location State: NJ Country: US

View the Interpretation Document

Response text:

Mar 16, 2007

 

Mr. John Foglio                  Reference No. 07-0046

Degussa Corporation

379 Interpace Parkway

Parsippany, New Jersey 07054-8042

Dear Mr. Foglio:

This is in response to your January 29, 2007 letter regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1-180) to the transportation of acetone cyanohydrin. "Acetone cyanohydrin, stabilized" is listed in the Hazardous Materials Table (HMT; § 172.101) as a Division 6.1 (poisonous) material in Packing Group I. Special provision "2" in Column (7) of the HMT indicates that the material must be packaged and described as an inhalation hazard in Hazard Zone B. You provide toxicity data that indicates that your material does not meet the definition of a poison inhalation hazard. You ask if it is appropriate to transport the material in accordance with a different proper shipping name that more accurately represents the hazards o your material.

Under § 173.22, it is the shipper"s responsibility to properly class and describe a hazardous material. Section 172.101(c)(12)(i) states,

"Except when a proper shipping name in the HMT is preceded by a plus (+), 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 Table, the material shall be described by an appropriate proper shipping name listed in association with the correct hazard class, packing group, hazard zone, or subsidiary hazard fix the material."

After reviewing the data you submitted, we have determined that your product is most appropriately classed as a Division 6.1 (poisonous) material in Packing Group II. The shipping description "Acetone, cyanohydrin, stabilized" does not appropriately describe the hazards of your material. Therefore, you must select an alternate proper shipping name from the HMT that does appropriately indicate the hazards of your material based on your data. If an appropriate technical name is not shown in the HMT, selection of a

proper shipping name must be made from the generic or n.o.s. descriptions corresponding to the specific hazard class, packing group, hazard zone, or subsidiary hazard, if any, for the material. We recommend using the proper shipping name "Toxic liquid, organic, n.o.s."

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

Sincerely,

John A. Gale

Chief, Standards Development

Office of Hazardous Materials Standards

172.101(c)(12)(i), 173.22, 173.133

Regulation Sections

Section Subject
172.101 Purpose and use of hazardous materials table
173.133 Assignment of packing group and hazard zones for Division 6.1 materials
173.22 Shipper's responsibility