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Interpretation Response #10-0176 ([The Chlorine Institute, Inc.] [Ms. Robyn Heald])

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

Interpretation Response Details

Response Publish Date:

Company Name: The Chlorine Institute, Inc.

Individual Name: Ms. Robyn Heald

Location State: VA Country: US

View the Interpretation Document

Response text:

September 13, 2010




Ms. Robyn Heald

Director Transportation & Incident Analysis

The Chlorine Institute, Inc.

1300 Wilson Blvd, Suite 525

Arlington, VA 22209

Ref. No. 10-0176

Dear Ms. Heald:

This responds to your August 10, 2010 request for clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). In the scenario described in your letter, the end user returns a residue chlorine cylinder or ton container to the supplier. The end user secures the closure on the package, but is not the party who prepares and provides the shipping papers, nor does he perform the pre-transportation inspection to ensure the container is suitable for shipment. Specifically, you ask if the end user is subject to the hazardous material security plan requirements.

In accordance with § 171.1(b)(4), the end user performs a pre-transportation function by securing a closure on a package or container containing a residue of a hazardous material. Also, as provided in Part 172, Subpart I of the HMR, any quantity of a material poisonous by inhalation is subject to the security plan requirements. Therefore, the hazardous materials security plan requirements apply to the end user in your scenario you describe.

I hope this answers your inquiry. If you need additional assistance, please contact this office at



Ben Supko

Acting Chief, Standards Development

Office of Hazardous Materials Standards


Regulation Sections

Section Subject
171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and functions