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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 #06-0012 ([Mr. Anthony J. Kesslak])

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

Interpretation Response Details

Response Publish Date:

Company Name:

Individual Name: Mr. Anthony J. Kesslak

Location State: DC Country: US

View the Interpretation Document

Response text:

Mar 3, 2006

Mr. Anthony J. Kesslak                     
Reference No. 06-0012
Senior Scientist
RJ Lee Group, Inc.
350 Hochberg Rd.
Monroeville, PA 15146

Dear Mr. Kesslak:

This is in response to your January 17, 2006 letter requesting clarification on the requirements for transporting carbon black under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You provided a material safety data sheet for a material of similar composition to carbon black and you indicated that your product does not display the characteristics of either a Division 4.1 or a Division 4.2 material.

In accordance with § 173.22, it is the shipper's responsibility to properly classify a hazardous material. Such determinations are not required to be verified by this office. You did not provide sufficient information to enable us to make a determination regarding classification. However, if the material does not meet the definition of either Division 4.1 or 4.2 or any other hazard class or division in the HMR, the material is riot subject to the HMR.

I hope this information is helpful. Please contact us if you require additional assistance.


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


Regulation Sections

Section Subject
172.101 Purpose and use of hazardous materials table