Interpretation Response #16-0064
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
July 11, 2016
29454 Meadowview Rd.
Junction City, OR 97448
Reference No. 16-0064
Dear Ms. Baker:
This responds to your April 15, 2016 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to a product you are considering for shipment (contains bifenthrin). Your questions and our responses are paraphrased below.
Q1. Based on the Safety Data Sheet (SDS) provided, is "UN3082, Environmentally hazardous substance, liquid, n.o.s. (bifenthrin), Class 9, Packing Group III," the appropriate classification for this product?
A1. 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. While the SDS you provided indicates the product is classified as "UN3082, Environmentally hazardous substance, liquid, n.o.s. (bifenthrin), Class 9, Packing Group III," as a severe marine pollutant, it does not provide an indication on how that determination was made.
Although bifenthrin is not on the List of Marine Pollutants found in Appendix B to § 172.101, it may be classified as such by international standards. In accordance with introductory text of Appendix B of § 172.101, if a material is not listed in the appendix and meets the criteria for a marine pollutant as provided in Chapter 2.9 of the IMDG Code, (incorporated by reference; see § 171.7 of the HMR), the material may be transported as a marine pollutant in accordance with the HMR.
Q2. What are the regulations that specify packaging requirements for a Class 9 hazardous material?
A2. We reiterate that it is the shipper's responsibility to properly class and describe a hazardous material using the criteria in Subpart C of Part 173 of the HMR. Once a material is properly classified and described, shippers can locate the appropriate packaging sections through use of the Hazardous Materials Table (HMT) in § 172.101. While not all Class 9 materials are packaged in the same manner, authorized packagings for "UN3082, Environmentally hazardous substance, liquid, n.o.s, Class 9, PG III" are located in Column 8 of the HMT.
Q3. If your company offers this material for transportation in non-bulk packaging as described in your incoming letter, would your company be subject to the registration requirements found in the HMR?
A3. It is unclear based on the information provided. Please review the applicability of the requirement for registration found in § 107.601(a) of the 49 CFR.
I trust this satisfies your inquiry. Please contact us if we can be of further assistance.
Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division
173.22, 172.101, 171.7, 173, 107.601(a)