Interpretation Response #05-0061 ([Spurrier Chemical Companies, Inc.] [Mr. Bruce F. Lavery])

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

Interpretation Response Details

Response Publish Date: 03/22/2005

Company Name: Spurrier Chemical Companies, Inc.

Individual Name: Mr. Bruce F. Lavery

Location State: KS Country: US

View the Interpretation Document

Response text:

Mar 22, 2005

Mr. Bruce F. Lavery                      Reference No. 05-0061
Spurrier Chemical Companies, Inc.
P.O. Box 2812
Wichita, KS 67201

Dear Mr. Lavery:

This responds to your letter requesting clarification of the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to a solution of 5 percent ferric chloride. Specifically, you ask whether a 5 percent solution of ferric chloride meets the definition of a Class 8 (corrosive) material under the HMR and whether the material requires a hazard label. In your letter, you did not include the materials that constitute the balance of the solution.

Under § 173.22, it is the shipper’s responsibility to properly classify a hazardous material. Without test data, we are unable to make the determination whether your material meets the criteria for a Class 8 (corrosive) material as provided in § 173.136. If the test results for the ferric chloride solution demonstrate that it does not meet the criteria of a Class 8 (corrosive) material and provided the material does not meet the definition of any other hazard class, it is not subject to the HMR. If the test results demonstrate that the material is subject to the HMR, the material must be properly classed, described, packaged, marked, labeled, and conform to all applicable requirements under the HMR.

I hope this information is helpful. Please contact this office if you have additional questions.

Sincerely,

Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards

172.101

Regulation Sections