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Interpretation Response #02-0300 ([Binex, Inc] [Gary L. Hansen])

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

Interpretation Response Details

Response Publish Date:

Company Name: Binex, Inc

Individual Name: Gary L. Hansen

Location State: UT Country: US

View the Interpretation Document

Response text:

Apr 8, 2003

Mr. Gary L. Hansen                 Reference No. 02-0300
Binex, Inc.
4410 South Century Drive
Murray, UT 84123

Dear Mr. Hansen:

This is in response to your letter and subsequent telephone conversation with a member of my staff concerning the applicability of the Hazardous Materials Regulations (49 CFR Parts 171-180 to a solution of sodium perchlorate.  Specifically, you ask that the material be "correctly reclassified" as nonregulated under the HMR because it does not meet the definition for Class 5.1 (oxidizer) in § 173.127. You state your solution contains 51% sodium perchlorate, 39% water, and 10% ethylene glycol, and that the ethylene glycol keeps the solution in liquid form during transportation.

Under the HMR, unless an entry is preceded by a plus (+) sign in Column(l) of the § 172.101 Table, a material listed by name that does not meet the corresponding hazard class may not be described using that description (see § 172.101(c)(12)). If the solution containing 51% sodium perchlorate, as described in your letter, does not crystalize during transportation, it does not meet the criteria for a Class 5.1 hazardous material.  Provided the solution does not meet the definition of any other hazard class, and is not a hazardous substance, hazardous waste, or a marine pollutant, it is not regulated under the HMR.

I hope this information is helpful.. If you have additional questions, please do not hesitate to contact this office.


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


Regulation Sections

Section Subject
172.101 Purpose and use of hazardous materials table