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Interpretation Response #09-0271 ([Marine Spill Response Corporation] [Mr. Mike Sample])

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

Interpretation Response Details

Response Publish Date:

Company Name: Marine Spill Response Corporation

Individual Name: Mr. Mike Sample

Location State: VA Country: US

View the Interpretation Document

Response text:

March 30, 2010




Mr. Mike Sample

Marine Spill Response Corporation

220 Spring Street #500

Herndon, VA 20170

Ref. No. 09-0271

Dear Mr. Sample:

This responds to your November 20, 2009 request for clarification concerning the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-185) to your products. Specifically, you request confirmation that your dispersing products are not subject to the HMR.

According to your letter, your company transports chemical dispersants, Coreexit 9527 and Coreexit 9500, to use in fighting oil spills. The material safety data sheet (MSDS) for these chemical dispersants indicate that these materials are not regulated under the HMR. The products are transported over the road in ISO tanks. It is your understanding that since they are being used to transport non-hazardous materials, the tanks should not be subject to the periodic inspection requirements applicable to tanks used for hazardous materials.

Section 173.22 requires a shipper to properly class and describe a hazardous material for transportation in commerce. This Office does not perform that function. However, based on the information provided in your letter and the MSDS, it is the opinion of this Office that your dispersing products do not meet the definition of a hazardous material and, they are not subject to regulation under the HMR. Packagings used to transport non-hazardous materials are not required to meet HMR requirements. Note, however, that if the portable tank or other packaging used to transport the chemical dispersants is marked to indicate that it meets HMR requirements, the packaging must be maintained in accordance with the HMR or the marking must be removed, covered, or obliterated.

I hope this answers your inquiry. If you need further assistance, please contact this Office.


Charles E. Betts

Chief, Standards Development

Office of Hazardous Materials Standards


Regulation Sections

Section Subject
173.22 Shipper's responsibility