Interpretation Response #00-0313 ([Ulmer & Berne] [Mr. Mark E. Porter])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Ulmer & Berne
Individual Name: Mr. Mark E. Porter
Location State: OH Country: US
View the Interpretation Document
Response text:
March 6, 2001
Mr. Mark E. Porter Ref. No. 00-0313
Ulmer & Berne
1300 East Ninth St., Suite 900
Cleveland, OH 44114
Dear Mr. Porter:
This is in response to your letter requesting confirmation that your client’s crystalline silicon powder is not subject to the Hazardous Material Regulations (HMR; 49 CFR Parts 171180). You enclosed a test report and a material safety data sheet to support that the material is not considered to be a flammable solid.
Based on the information you provided, we concur that your client's material is not subject to the HMR. Under § 173.22, it is the shipper's responsibility to properly classify a hazardous material. If a material does not meet the hazard class criteria in Part 173 and is not a hazardous substance, hazardous waste or marine pollutant, then it is not subject to the HMR. The test results of materials that are determined not to be subject to the HMR are not required to be verified by the Department of Transportation.
I hope this information is helpful. Please contact us if you have additional questions.
Sincerely,
Hattie L. Mitchell, Chief
Regulatory Review and Reinvention
Office of Hazardous Materials Standards
172.22