Interpretation Response #12-0271 ([Fred Guimond & Associates] [Mr. Fred Guimond])

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

Interpretation Response Details

Response Publish Date: 02/21/2013

Company Name: Fred Guimond & Associates

Individual Name: Mr. Fred Guimond

Location State: LA Country: US

View the Interpretation Document

Response text:

February 21, 2013   

Mr. Fred Guimond
Fred Guimond & Associates
2838 Crater Lake Drive
Baton Rouge, LA  70814

Reference No.: 12-0271

Dear Mr. Guimond:

This is in response to your December 3, 2012 letter posing several questions concerning the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the metal, Selenium.  Your questions are paraphrased and answered below:

Q1.  Is Selenium (in shot form) with a diameter greater than 100 micrometers and a purity of at least 99.95% classified as a hazardous material even though it does not meet or exceed the reportable quantity (RQ) of a hazardous substance in § 172.101 Table 1 to Appendix A?

A1. As provided in § 173.22, it is the shipper's responsibility to properly classify a hazardous material. Such determinations are not required to be verified by this office. However, based on your information that the diameter of the described Selenium shot is greater than 100 micrometers and the RQ for Selenium is limited to those pieces smaller than 100 micrometers in diameter, the entry for UN3077, Environmentally hazardous substance, solid, n.o.s., class 9, would not be applicable in your case.  Further, based on the MSDS provided and industry standard test results for Selenium shot indicating the LD50 for acute oral toxicity is 6700 mg/kg, it is the opinion of this office that the described Selenium shot does not meet the definition of a Division 6.1 material and, provided it does not meet the criteria for any other hazard class, is not subject to the HMR

Q2. Can the hazard label be removed if it is on a package shipped to us?

A2. See A1. No person or carrier may offer or transport a package bearing a label unless the package contains a hazardous material and the label represents the hazard of the material (§ 172.401(a)). However, when offered for transportation, a package containing a hazardous material shall be labeled in accordance with Part 172, Subpart E and as provided in § 173.22, it is the shipper's responsibility to properly classify a hazardous material.

I trust this satisfies your inquiry.  Please contact us if we can be of further assistance.

Sincerely,

Delmer Billings
Senior Regulatory Advisor
Standards and Rulemaking Division

173.22

Regulation Sections