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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #03-0262 ([Mr. Leighton Ford])

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

Interpretation Response Details

Response Publish Date:

Company Name:

Individual Name: Mr. Leighton Ford

Location State: CA Country: US

View the Interpretation Document

Response text:

Oct 30, 2003

 

Mr. Leighton Ford               Ref. No. 03-0262
7011 East Avenue, MS9221
Livermore, CA 94550

Dear Mr. Ford:

This is in response to your letter dated October 17, 2003 regarding the asbestos requirements found in the Hazardous Materials Regulations (HMR: 49 CFR Parts 171-180). Specifically, you ask if § 173.216(b) and Special Provision 156 preclude a shipper from offering "non-friable" asbestos under the description "Asbestos, 9, NA2212, III."

The answer is no. Even though asbestos, when it is immersed or fixed in a natural or artificial binder material, such as cement, plastic, asphalt, resins or mineral ore, or contained in manufactured products (i.e., non-friable asbestos), is excepted from the HMR by Special Provision 156 and § 173.216(b) a shipper may still classify it as a Class 9 material. In doing so the shipper could use the description "Asbestos, 9, NA2212, III " to ship the material domestically.

I hope this satisfies your request.

Sincerely,

 

Susan Gorsky
Senior Transportation Regulations Specialist
Office of Hazardous Materials Standards

Regulation Sections

Section Subject
173.216 Asbestos, blue, brown or white