Interpretation Response #05-0210
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Feb 6, 2006
Mr. Leighton Ford Reference No. 05-0210
Sandia National Laboratories
7011 East Avenue MS9221
Livermore, CA 94550
Dear Mr. Ford:
This is in response to your electronic mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) pertaining to the classification of hazardous materials. You state that you cannot recall the classification of the materials when received by Sandia National Laboratories (SNI.) and that SNL plans to transport the materials for disposal. Specifically, you ask whether the materials meet the definition for a Class 1 (explosive) or Class 3 (flammable) material and you request assistance in assigning proper shipping names. You also ask whether the materials are allowed any exceptions under the HMR based on the small amount of explosive material in each composition, and whether there is a percentage threshold of diluent that would allow SNL to reclassify the materials without submitting an approval request to the U.S. Department of Transportation (DOT).
All new compositions containing any amount of explosive material must be classed by DOT, including compositions of diluted (desensitized) explosives. Prior to transport, a written approval and an assigned EX number must be obtained from DOT. If you do not have access to the EX number or documentation of the DOT classification for the material that you received, or if a change in the formulation, design, or process alters the properties of the material, the material is considered to be a new explosive and must be tested. If you determine that the material may not meet the definition for Class 1 (explosive) under Subpart C of Part 173, you may include the data with your written request for classification, as specified in § 173.56(i), to the Associate Administrator, U.S.
DOT, Pipeline and Hazardous Materials Safety Administration, Office of Special Permits and Approvals, PHH-32, 400 Seventh St., S.W., Washington, DC 20590.
I hope this information is helpful. Please contact this office if you have additional questions.
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
|§ 173.1||Purpose and scope|