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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #10-0222 ([Environmental Resource Center] [Ms. Rebecca Spaulding])

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

Interpretation Response Details

Response Publish Date:

Company Name: Environmental Resource Center

Individual Name: Ms. Rebecca Spaulding

Location State: NC Country: US

View the Interpretation Document

Response text:

December 22, 2010



Ms. Rebecca Spaulding

Environmental Resource Center

101 Center Pointe Dr.

Cary, NC 27513

Ref. No. 10-0222

Dear Ms. Spaulding:

This responds to your October 7, 2010 email regarding the transportation of a calcium oxide-based powder under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).

According to your letter, the New York City Fire Department (NYCFD) has specifically requested that the manufacturer of a calcium oxide-based powder that you represent supply documentation from PHMSA indicating the product does not require approval for use. You indicate that the material is primarily calcium oxide (up to 95%) mixed with other ingredients. When mixed with water, the product expands and generates heat. You also provide an MSDS and a technical data sheet for further information about the product.

Under § 173.22, it is the shipper's responsibility to properly classify a hazardous material. This office does not normally perform this function nor do we provide documentation indicating a product does not require our approval for transport or its intended use. Unless the HMR directs a person to obtain approval for the transport of a material (e.g., an explosive approval in accordance with § 173.56), a material meeting the definition of a hazardous material in § 171.8 and properly classed and described in accordance with the HMR may be transported in authorized packaging and by authorized modes. Based on the information provided in your letter, the calcium oxide-based powder would not meet the definition of an explosive under

§ 173.50 of the HMR. Thus, for purposes of applicability of the HMR requirements to explosive material, the material does not need PHMSA approval for transportation.

I hope this information is helpful. If you have further questions, please contact this office.


Ben Supko

Acting Chief, Standards Development Branch

Standards and Rulemaking Division

173.22, 173.56, 171.8, 173.50

Regulation Sections

Section Subject
173.22 Shipper's responsibility
173.56 New explosives-definition and procedures for classification and approval