Interpretation Response #03-0267 ([Cosmo International Corporation] [Ms. Patricia M. Sobel])

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

Interpretation Response Details

Response Publish Date: 12/12/2003

Company Name: Cosmo International Corporation

Individual Name: Ms. Patricia M. Sobel

Location State: FL Country: US

View the Interpretation Document

Response text:

Dec 12, 2003

Ms. Patricia M. Sobel                Ref. No. 03-0267

Regulatory Affairs

Cosmo International Corporation

601 Fairway Drive

Deerfield Beach, Florida 33441

Dear Ms. Sobel:

This responds to your October 23,2003, letter requesting clarification on whether your fragrance oils are regulated under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you request clarification on whether your fragrance oils meet the Class 9 hazard class defining criteria in Part 173 of the HMR.

According to your letter, you manufacture and ship fragrance oils that are raw materials for perfumery products. Your fragrance oils can be readily identified by their characteristic odor and the description on the label. You further state that the odor would not cause extreme annoyance to the flight crew since none of your materials has anesthetic or noxious properties. Under § 173.22, it is the shipper's responsibility to properly class and describe a hazardous material for shipment. However, based on the information provided in your letter, it is the opinion of this Office that your fragrance oils do not meet the Class 9 defining criteria in Part 173. Provided your materials are not a flammable liquid, hazardous substance, hazardous waste, or marine pollutant, they are not subject to the HMR.

I hope this answers your inquiry.

Sincerely,

Susan Gorsky

Senior Transportation Regulations Specialist

Office of Hazardous Materials Standards

173.14

Regulation Sections