Interpretation Response #13-0188

Interpretation Response Details

December 5, 2013

Mr. Don Collier
Manager – Order Fulfillment
Legend, Inc.
988 Packer Way
Sparks, NV 89431

Ref. No.: 13-0188

Dear Mr. Collier:

This is in response to your letter dated July 2, 2013, requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the classification of mixtures of  lead compounds containing lead oxide as a marine pollutant. Your questions are paraphrased and answered as follows:

Q1.  You request confirmation of your understanding that to be classified as Division 6.1 a material must meet the definition in § 173.132(a).  The lead compound mixtures being shipped do not meet the definition of a Division 6.1 poisonous material and therefore may not be described as “Lead compound, soluble, n.o.s.” on the shipping document.

A1.  You are correct.  

Q2.  To obtain the toxicity levels of the lead compound mixtures you performed a calculation based on the actual toxicity of the ingredients and the combined chemical formulation of the product.  You ask if this method for determining toxicity is acceptable.  

A2.  The use of the formula provided in § 173.132(c)(3) is acceptable for classification of mixtures possessing toxicity hazards.

Q3.  You ask if international standards concerning toxicity levels for Division 6.1 are expected to change in the foreseeable future.

A3.  Currently, no changes to the international standards relating to toxicity levels for Division 6.1 are being considered.  We are unable to speculate on the likelihood of future changes.  

Q4.  You ask if the criteria for the solubility of lead compounds in § 172.102(c)(1), Special Provision 138 is applicable to the classification of a lead compound as a marine pollutant.

A4.  Yes.  The defining criteria for the solubility of lead compounds are in § 172.102(c)(1), Special Provision 138.  When we incorporated this definition, it was our intent for it to also apply to the soluble lead compounds entry on the List of Marine Pollutants in § 172.101, Appendix B. However, we neglected to include that language.  We intend to clarify this in a future rulemaking.  

Q5.  If the lead compounds are classed as a marine pollutant, are they eligible for the limited quantity exception for Class 9 materials provided in § 173.155, including the package weight limitations?  Further, you ask for guidance on how you might increase the gross weight limitation of the packages.

A5.  Yes.  If the lead compounds are classed as a marine pollutant, the limited quantity exceptions for Class 9 materials provided in § 173.155 would apply, including the maximum gross weight limitation of 30 kg (66 pounds) for each package.  The 30 kg (66 pound) gross weight limitation would not apply if the products are shipped as fully regulated Class 9 materials.

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

Sincerely,

Duane A. Pfund
International Standards Coordinator
Standards and Rulemaking Division

173.132, 172.102 SP 138, 173.155

Regulation Sections