You are here

Interpretation Response #05-0113


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

Interpretation Response Details

Response Publish Date: 08-23-2005
Company Name: Michelman, Inc    Individual Name: Ms. Tiffany Lawson
Location state: OH    Country: US

View the Interpretation Document


Response text:

Aug 23, 2005

 

Ms. Tiffany Lawson                       Reference No. 05-0113
Transportation Analyst
Michelman, Inc.
9080 Shell road
Cincinnati, Ohio 45236-1299

Dear Ms. Lawson:

This responds to your letter regarding classification of your company"s product under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You asked whether the product, which contains 2.45 88% Ammonia and can cause discomfort to a flight crew, would meet the definition of a Class 9 material.

A shipper is responsible for classifying a hazardous material in accordance with the HMR (see § 173.22). The hazard class is determined based on the chemical composition and hazard properties of the material. You did not provide sufficient information concerning your company"s product to enable us to offer an opinion on how it should be classed.

A Class 9 is a material that presents a hazard during transportation but, that does not meet the definition of any other hazard class, and includes a material that has an anesthetic, noxious or other similar property that could cause extreme annoyance or discomfort to a flight crew member so as to prevent the correct performance of assigned duties. If your company"s product containing 2.4588% Ammonia causes extreme annoyance or discomfort to a flight crew, it may meet the definition in § 173.140(a) as a Class 9 (Miscellaneous) hazardous material and be regulated for purposes of transportation in commerce. A Class 9 material is not regulated for transportation by highway, rail, or vessel, unless it meets the definition in § 171.8 as an elevated temperature material, hazardous substance, hazardous waste, or marine pollutant.

I hope this satisfies your inquiry. If we can be of further assistance, please contact us.

Sincerely,

 

John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards

173.140


Regulation Sections

Section Subject
§ 173.140 Class 9-Definitions