Interpretation Response #10-0197 ([Oxford & Wells] [Mr. Ken Swenke])

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

Interpretation Response Details

Response Publish Date: 10/21/2010

Company Name: Oxford & Wells

Individual Name: Mr. Ken Swenke

Location State: TX Country: US

View the Interpretation Document

Response text:

October 21, 2010

Mr. Ken Swenke

Oxford & Wells

3102 Maple Avenue, Suite 450

Dallas, TX 75201

Ref. No.: 10-0197

Dear Mr. Swenke:

This responds to your September 7, 2010 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You indicate that your product is a 2oz., non-aerosolized (pump spray) ironing starch that does not meet the definition of a hazardous material under the HMR. You ask for a letter of interpretation enabling travelers and flight attendants to carry your product aboard aircraft.

Section173.22 requires a shipper to properly class and describe a hazardous material for transportation in commerce. This Office does not perform that function. However, based on the information provided in your letter and subsequent email correspondence with a member of my staff, it is the opinion of this Office that the ironing starch you describe does not meet the definition of a hazardous material and is not subject to regulation under the HMR.

It should be noted that the Transportation Security Administration (TSA), the agency responsible for security in all modes of transportation, including civil aviation, has the authority to restrict passengers from carrying materials perceived as security threats. Therefore, TSA officials may confiscate materials that they believe to be security risks even if the materials are not classified as hazardous under the HMR.

I trust this satisfies your inquiry. Please contact us if we can be of further assistance.

Sincerely,

Ben Supko

Acting Chief, Standards Development

Office of Hazardous Materials Standards

173.22

Regulation Sections