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Interpretation Response #09-0116

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

Interpretation Response Details

Response Publish Date: 09-02-2009
Company Name: Logistics OMG Americas, Inc.    Individual Name: Mr. Patrick Foster
Location state: OH    Country: US

View the Interpretation Document

Response text:

September 2, 2009



Mr. Patrick Foster
Manager, Logistics
OMG Americas, Inc.
811 Sharon Drive
Westlake, OH 44145-1522

Ref. No. 09-0116

Dear Mr. Foster:

This responds to your letter requesting guidance in the selection of a proper shipping name under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and differences that exist when making that determination under international standards. Specifically, you ask whether a paint drier can be described as "paint related material" when shipped internationally. You state in your letter that under § 173.173 of the HMR, a paint drier is a "paint related material" whereas under the ICAO Technical Instructions (ICAO TI) guidance is no longer given for its description. It is your understanding that in the past the ICAO TI required the generic "flammable liquid, n.o.s." description for paint driers but no longer provides such guidance.

Section 173.173(a) defines a "paint related material" as the proper shipping name for a paint thinning, drying, reducing or removing compound unless a more specific description is listed in the § 172.101 table of the HMR. Moreover, the international standards such as the ICAO TI and the IMDG Code permit a competent authority to exercise discretion when categorizing specific hazardous materials in to generic shipping descriptions such as "paint" and "paint related material." Therefore, the most appropriate description for a paint dryer when offered for transportation either domestically or internationally is "Paint related material."

I trust this satisfies your inquiry. Please contact us if we can be of further assistance.


Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards

173.173, 172.101

Regulation Sections

Section Subject
§ 172.101 Purpose and use of hazardous materials table