Interpretation Response #03-0088 ([Vought Aircraft Industries, Inc.] [Mr. David Norton])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Vought Aircraft Industries, Inc.
Individual Name: Mr. David Norton
Location State: TX Country: US
View the Interpretation Document
Response text:
May 15, 2003
Mr. David Norton Reference No. 03-0088
Vought Aircraft Industries, Inc.
P.O. Box 655907
Dallas, Texas 75165-5907
Dear Mi. Norton:
This responds to your March 14, 2003 letter requesting clarification on the proper classification of a plastic cartridge containing PR-1741 sealant under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if the hazard class determination conducted in accordance with the HMR, as stated in the manufacturer's material safety data sheet (MSDS), also meets international criteria for determining the hazard class of a material.
According to your letter and enclosed manufacturer’s MSDS, the sealant is flammable with a flashpoint of 68 degrees F. However, the manufacturer’s MSDS states that the material was tested in accordance with the HMR, and, does not meet the definition of a flammable liquid or a flammable solid. In addition, the manufacturer’s MSDS states that the material is not regulated for transportation in accordance with the HMR. You ask if you can assume that the sealant is also non regulated under the International Civil Aviation Organization (ICAO) Technical Instructions and the International Air Transport Association (IATA) guidelines when transported by aircraft to France.
It is the shipper’s responsibility to properly class, describe, and prepare a hazardous material for shipment in commerce under § 173.22. If a material does not meet the hazard class defining criteria in Part 173 of the HMR, and is not a hazardous waste, hazardous substance, or marine pollutant, it is not subject to the HMR. The hazard class defining criteria in the HMR is acceptable for international air shipment under the ICAO Technical Instructions and the IATA guidelines. However, the MSDS presents conflicting information concerning the hazard class of this material. One part of the MSDS indicates the flashpoint is 68 degrees F which meets the defining criteria in Part 173 of the HMR for a flammable liquid, and, another part of the MSDS indicates the material is not regulated. The MSDS does not indicate why the material with a flashpoint of 68 degrees F is not regulated under the HMR, Based on the conflicting information presented in this MSDS, this Office cannot give an opinion on the proper hazard class of your material.
I hope this answers your inquiry.
Sincerely,
Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials Standards
171.11