Interpretation Response #10-0074 ([REC Advanced Silicon Materials LLC] [Mr. Clint Peters])

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

Interpretation Response Details

Response Publish Date: 03/31/2010

Company Name: REC Advanced Silicon Materials LLC

Individual Name: Mr. Clint Peters

Location State: WA Country: US

View the Interpretation Document

Response text:

March 31, 2010

Mr. Clint Peters

REC Advanced Silicon Materials LLC

3322 Road N N.E.

Moses Lake, WA 98837

Ref. No.: 10-0074

Dear Mr. Peters:

This is in response to your request for confirmation from our Office, which serves as the United States Competent Authority with respect to the International Maritime Dangerous Goods Code (IMDG Code), that the provisions contained in the U.S. Hazardous Materials Regulations (49 CFR Parts 171-180) constitute United States Competent Authority approval for the transportation of hazardous materials (dangerous goods) in instances where the IMDG Code specifically permits, or requires, approval by the competent authority. You also ask for confirmation that in such instances, issuance of other documentation by this office is not required.

Your understanding is correct. The provisions contained in the U.S. Hazardous Materials Regulations constitute a U.S. competent authority approval for the transportation of hazardous materials (dangerous goods) in instances where the IMDG Code specifically requires the approval of the competent authority. In such instances, issuance of other documentation by this office is not required. The definition of a "Competent authority approval" codified in 49 CFR 107.1 states that a specific regulation in the U.S. Hazardous Materials Regulations is considered a competent authority approval. This definition applies wherever a competent authority approval is referenced in the IMDG Code.

Sincerely,

Susan Gorsky

Regulations Officer

Office of Hazardous Materials Standards

172.102 SP 102, 107.1

Regulation Sections