Interpretation Response #03-0277 ([Leak Location Services, Inc.] [Mr. Daren L. Laine])

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

Interpretation Response Details

Response Publish Date: 02/05/2004

Company Name: Leak Location Services, Inc.

Individual Name: Mr. Daren L. Laine

Location State: TX Country: US

View the Interpretation Document

Response text:

Feb 5, 2004

Mr. Daren L. Laine               Ref. No.: 03-0277
President
Leak Location Services, Inc.
16124 University Oak
San Antonia, TX 78249

Dear Mr. Laine:

This responds to your letter dated October 30, 2003, regarding the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180), as they apply to Copper sulfate pentahydrate shipped on passenger-carrying airlines. Subsequently, you sent a letter dated November 5, 2003, to clarify your previous request for interpretation.

You stated that your company transports small quantities (less than 5 lbs.) of Copper sulfate pentaliydrate crystals (cupric sulfate, copper sulfate, etc.) in checked baggage on passenger¬carrying aircraft. The Copper sulfate pentahydrate is packaged. in a 16-ounce wide-mouth plastic bottle with a screw top and labeled "Copper Sulfate (CuS04.5H20) RQ=lO lbs". The labeled plastic bottle is placed inside a larger PVC container with sealed ends. The double container is then placed inside a suitcase or fiberglass equipment case with other equipment. Your questions are paraphrased and answered as follows:

QI. Is this material (CuS04•5HzO) regulated in either form as a hazardous material for
purposes of transportation under the HMR?

AI. Cupric sulfate is listed in the §172.101, List of Hazardous Substances, Table 1, Appendix
A, with a reportable quantity (RQ) of 10 lbs. Therefore, the material would be regulated as a hazardous substance, as defined in § 171.8, if the quantity of Cupric sulfate, in one package, equals or exceeds the RQ, and must be packaged and shipped as cargo as specified in the HMR.
Since your company is shipping less than 5 lbs. per package, the Cupric sulfate does not meet the definition of a hazardous substance, and provided your product does not meet the definition of any other hazard class, it would not be subject to the HMR and not regulated for purposes of transportation.

Q2. The description in section 14 of the enclosed MSDS is "RQ, Environmentally hazardous
substances, solid, n.o.s., (Cupric sulfate)." Does the information shown mean we cannot ship this material, and how do we complete Section 14 to continue to ship our product?

A2. If the material is a hazardous substance, it would be described as HRQ, Environmentally
hazardous substances, solid, n.o.s., (Cupric sulfate), 9, UN3077, Ill''and must be shipped in non-bulk packaging in accordance with § 173.213. A MSDS may be used to satisfy the emergency response information requirements specified in § 172.602 of the HJvIR.. However, the information on a MSDS is required by the Department of Labor's Occupational Safety and Health Administration (OSHA), not the U. S. Department of Transportation.

Q3. Do we have to declare this material prior to flight, and can it be shipped without special
handling.

A3. If the material is not a hazardous substance, and thus not a hazardous material, it would not
be subject to the HJvIR., and would not require special handling.

Although, it appears that your product may not be regulated, the issue of whether an airline may deny your shipment is not under our purview. Each airline determines what is allowed on its aircraft. Also, air carrier hazmat screening is conducted to comply with the Transportation Security Agency's (TSA) security rules. You may wish to contact the TSA to make sure your material is not considered a security risk.

I hope this information is helpful, If we can be of further assistance, please contact us.

Sincerely,

Susan Gorsky
Senior Transportation Regulations Specialist
Office of Hazardous Materials Standards

Regulation Sections