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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 #05-0104 ([Degussa Corporation] [Mr. John Foglio])

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

Interpretation Response Details

Response Publish Date:

Company Name: Degussa Corporation

Individual Name: Mr. John Foglio

Location State: NJ Country: US

View the Interpretation Document

Response text:

May 13, 2005

Mr. John Foglio                     Reference No. 05-0104
Degussa Corporation
379 Interpace Parkway
Parsippany, NJ 07054-0677

Dear Mr. Foglio:

This is in response to your letter and subsequent telephone conversation with a member of my staff requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) for the shipment of a material that you have classified as “Aviation regulated liquid,” Class 9, UN3334 for transportation by aircraft. You state that the material is a skin sensitizer and does not meet the definition of any other hazard class, elevated temperature material, hazardous substance, hazardous waste or marine pollutant. Specifically, you ask whether the material is regulated by other modes of transportation and whether it may it be shipped as “Aviation regulated liquid,” UN3334 when being transported by highway, rail or vessel.

According to your letter, the skin sensitizer would produce an irritating odor and be corrosive to the eyes upon direct contact with the material. Although an irritating odor or other properties that could cause extreme annoyance or discomfort to a flight crew meets the definition for Class 9 (miscellaneous hazardous material) when being transported by aircraft (see § 173.140(a)), such characteristics do not pose a hazard when the material is being transported by other modes of transportation. Therefore, provided the material does not meet the definition of any other hazard class, elevated temperature material, hazardous substance, hazardous waste or marine pollutant and is not a forbidden material (see § 173.21), the skin sentsitizer is not regulated for transportation by highway, rail or vessel.

The proper shipping name “Aviation regulated liquid” may be used by modes of transportation other than air. As provided in § 172.101(b)(2), a proper shipping name preceded by an “A” in the § 172.101 Hazardous Materials Table may be used to describe a material for other modes of transportation provided all applicable requirements for the entry are met.

I hope this information is helpful. If you need additional information, 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
173.22 Shipper's responsibility