Interpretation Response #13-0076
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Mr. Robb Boros
Patterson Companies, Inc.
1905 Lakewood Drive
Boone, Iowa 50036
Reference No. 13-0076
Dear Mr. Boros:
This is in response to your April 11, 2013 letter requesting clarification on the classification of a material under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). The material you describe in your letter is a 47.6% solution of gluteraldehyde using a shipping name of “Corrosive liquid, organic, n.o.s.” You state that according to the National Institute of Health, glutaraldehyde has an LD50 value of 134 mg/kg. Further, in your letter you state that using the equation provided in § 173.132(c)(3) resulted in a calculated LD50 value of 280.69 mg/kg oral rat. You ask if the results of the calculation are correct, would the glutaraldehyde solution meet the definition of a toxic liquid? In addition, you ask whether it is permitted to apply the Packing Group (PG) III toxic label authorized in § 172.405(c) as the subsidiary hazard label in addition to the corrosive diamond label?
In accordance with § 173.22, it is the shipper's responsibility to properly classify a hazardous material. This Office does not generally perform that function. However, based on the test results you provided, the material does meet the LD50 criteria for acute oral toxicity. Also, based on this information, we agree that the material does meet the definition in § 173.132(a)(1)(i) for a Division 6.1 material. Therefore, if the material has a subsidiary hazard which is classed as Division 6.1, Packing Group III, the subsidiary "POISON" label may be modified to display the text “PG III” instead of “POISON” or “TOXIC” below the mid line of the label as specified in § 172.405(c).
I hope this satisfies your request.
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
173.132, 172.405, 173.22
|§ 173.22||Shipper's responsibility|