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Interpretation Response #09-0251 ([Foth Infrastructure & Environment, LLC] [Ms. Michele L. Frozena])

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

Interpretation Response Details

Response Publish Date:

Company Name: Foth Infrastructure & Environment, LLC

Individual Name: Ms. Michele L. Frozena

Location State: WI Country: US

View the Interpretation Document

Response text:

December 11, 2009





Ms. Michele L. Frozena

Lead Environmental Scientist

Foth Infrastructure & Environment, LLC

2737 South Ridge Road, Suite 600

P.O. Box 12326

Green Bay, WI 54307-2326

Ref. No. 09-0251

Dear Ms. Frozena:

This responds to your letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) with regard to classification criteria and the use of specification packaging for a material not subject to the HMR. Your questions are paraphrased and answered as follows:

Q1. Under § 173.150(e)(2), is an aqueous solution of alcohol containing 24 percent or less alcohol by volume, 50 percent or more water, and no other hazardous material subject to the HMR?

A1. No.

Q2. Is it permissible to use a UN standard Intermediate Bulk Container (IBC) to package a material not subject to the HMR? If so, under what conditions is it permissible?

A2. Yes, a UN standard packaging may be used to package a material not subject to the HMR. However, under § 171.2(g), no person may represent or offer a packaging as meeting the requirements of the HMR unless the packaging is maintained, marked and retested in accordance with the applicable requirements of the HMR. These requirements are applicable whether or not the packaging is used for the transportation of a hazardous material. Therefore, if the IBC is not maintained in accordance with the HMR, we recommend you securely cover any identifying marks or specification plates representing it as such.

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



Regulation Sections

Section Subject
171.2 General requirements
173.150 Exceptions for Class 3 (flammable and combustible liquids)