Interpretation Response #99-0029 ([Angus Chemical Company] [Lloyd H. Shanks])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Angus Chemical Company
Individual Name: Lloyd H. Shanks
Location State: IL Country: US
View the Interpretation Document
Response text:
MARCH 26, 1999
Lloyd H. Shanks Ref No. 99-0029
Manager, Transportation Regulations
and Safety
Angus Chemical Company
1500 East Lake Cook Road
Buffalo Grove, IL 60069
Dear Mr. Shanks:
This is in response to your letter dated January 26, 1999, requesting clarification on the proper shipping names for two solutions used as biocides containing 2-Bromo-2-nitropropane- 1,3 diol. You supplied a material safety data sheet which describes the components of each solution and their concentration as follows:
| MYACIDE S-30 | MYACIDE S- 15 |
| 30% 2-Bromo-2-nitropropane-1,3 diol 60% Propylene glycol 10% Water |
10.53% 2-Bromo-2- itropropane-1,3 diot 10.% Propylene glycol 79.47% Water |
You stated the manufacturer of the chemical "2-Bromo-2-nitropropane-1,3 diol" prefers your company use the proper shipping name "Corrosive liquid, acidic, organic, n.o.s." whereas your company prefers using the name "Disinfectant, liquid, corrosive, n.o.s." You asked which name is most appropriate under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).
Based on the information you provided, it is our deten-nination that either proper shipping name would be correct for the mixture. However, as the shipper, you have the option of renariaing the material "Disinfectant, liquid, corrosive, n.o.s." Under § 173.22, it is the shipper's responsibility to properly classify and describe a hazardous material. Section 172. 1 01 (c)(I 2)(ii) requires that when a material is not specifically listed by name in the Hazardous Materials Table (§ 172. 1 01), selection of a proper shipping name must be made from the general description entries corresponding to the specific hazard class, packing group, and subsidiary hazards of the material. This section also requires that the name that most appropriately describes the material shall be used, but permits the option of naming some mixtures according to their application if this proper shipping name is more appropriate. Also, please note that in either situation, the "n.o.s." description must meet the requirements § 172.203(k).
I hope this satisfies your request.
Sincerely,
Hattie L. Mitchell, Chief
Regulatory Review and Reinvention
Office of Hazardous Materials Standards
172.101