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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 #06-0182 ([Solvay Chemicals] [Mr. Marc Feldman])

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

Interpretation Response Details

Response Publish Date:

Company Name: Solvay Chemicals

Individual Name: Mr. Marc Feldman

Location State: TX Country: US

View the Interpretation Document

Response text:

Sep 11, 2006


Mr. Marc Feldman                 Reference No. 06-0182
Regulatory Affairs Manager
Solvay Chemicals
3333 Richmond Avenue
Houston, TX 77098-3099

Dear Mr. Feldman:

This is in response to your July 31, 2006 letter regarding a material that meets the definition for a Class 9 material under the European Agreements Concerning the International Carriage of Dangerous Goods by Road (ADR) and Rail Agreements (RID) regulations for transportation of hazardous materials by highway or rail in Europe, but does not meet the definition of any hazard class under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171 -180), the International Maritime Dangerous Goods (IMDG) Code, or the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions).

According to your letter, your company imports a material that does not meet the definition of a hazardous material under the HMR, the IMDG Code or the ICAD Technical Instructions, but is regulated as “Environmentally hazardous substance, solid, n.o.s., 9, UN3077” in accordance with the ADR/RID. Your company does not remove the markings and labels for transportation in the United States and does not wish to describe these materials as hazardous materials on shipping papers.

The ICAO Technical Instructions and the IMDG Code permit materials designated as environmentally hazardous by the Competent Authority of the country of origin, transit or destination, but do not meet the definition of a hazardous substance or hazardous waste or other hazard class to be described as “Environmentally hazardous substances, liquid or solid, n.o.s.”

Section 172.401(c) permits labeling in accordance with the ICAO Technical Instructions or the IMIDG Code. Although this material does not meet the definition of a hazardous material under the HMR, the package may remain appropriately marked and labeled with the Class 9 label in accordance with the ICAO Technical Instructions or the IMDG Code and transit the United States without shipping papers. A statement such as “Non-DOT Regulated” or “Not subject to DOT regulation” may appear on the product label and shipping documents.

You should be aware that because your shipment will not be accompanied by a shipping paper, the marks and labels on your package may cause delays or otherwise frustrate its transportation. To avoid this problem, we suggest the following:

1. Remove, obliterate, or securely cover the markings and labels; or

2. Leave the marking and labeling in place and describe the material as “Environmentally hazardous substances, liquid or solid, n.o.s.” in accordance with § 172.102, Special Provision 146.

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

172.401 (c)

Regulation Sections

Section Subject
172.401 Prohibited labeling