Interpretation Response #11-0183 ([Rit-Chem Co., Inc.] [Mr. Henry L. Ritell])

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

Interpretation Response Details

Response Publish Date: 11/16/2011

Company Name: Rit-Chem Co., Inc.

Individual Name: Mr. Henry L. Ritell

Location State: NY Country: US

View the Interpretation Document

Response text:

November 16, 2011

Mr. Henry L. Ritell

President and CEO

Rit-Chem Co., Inc.

1 Zeiss Drive, Suite 200

Thornwood, NY 10594-1941

Reference No. 11-0183

Dear Mr. Ritell:

This is in response to your e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of sodium saccharin and its salts. Saccharin and its salts were recently removed from the HMR"s List of Hazardous Substances and Reportable Quantities (Appendix A to § 172.101) in a final rule published on June 27, 2011 [HM-145O; 76 FR 37283]. Specifically, you ask whether with this removal, are saccharin and its salts now also considered non-hazardous materials and, therefore, not subject to the HMR.

The answer is yes. The removal of saccharin and its salts from the HMR List of Hazardous Substances and Reportable Quantities was due to its removal as a substance by the Environmental Protection Agency (EPA). EPA has ultimate discretion when determining what is or is not a hazardous substance. PHMSA is statutorily mandated to list and regulate in the HMR EPA"s list of hazardous substances. Additionally, sodium saccharin does not meet any other criteria for a hazardous material in the HMR, and, therefore, is not subject to the regulations.

I hope this information is helpful. Please contact this office should you need additional assistance.

Sincerely,

T. Glenn Foster

Chief, Regulatory Review and Reinvention

Standards and Rulemaking Division

172.101

Regulation Sections