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Interpretation Response #10-0224 ([Corrigan Consulting, Inc.] [Mr. Wendell Honeycutt])

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

Interpretation Response Details

Response Publish Date:

Company Name: Corrigan Consulting, Inc.

Individual Name: Mr. Wendell Honeycutt

Location State: TX Country: US

View the Interpretation Document

Response text:

December 21, 2010



Mr. Wendell Honeycutt

Corrigan Consulting, Inc.

12000 Aerospace Ave., Suite 450

Houston, TX 77034

Ref. No.: 10-0224

Dear Mr. Honeycutt:

This responds to your October 12, 2010 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You describe an animal food product containing phosphoric acid and sulfuric acid and a pH < 2. You state that the product does not meet the definition of a hazardous substance, hazardous waste, or marine pollutant, as defined in § 171.8. Further, your preliminary analysis of available data on the product leads you to believe that it may meet the definition of a Class 8 (Corrosive) material because it may be corrosive to steel and aluminum. You indicate that the animal feed product has not been tested to determine if it causes full thickness destruction of human skin. Specifically, you ask if the material described in your letter meets the definition of a hazardous material, more specifically a Class 8 (Corrosive) material, under the HMR.

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. A Class 8 (Corrosive) material is defined as a liquid or solid that causes full thickness destruction of human skin at the site of contact within a specified period of time. A liquid, or a solid that may become a liquid during transportation, that has a severe corrosion rate on steel or aluminum is also a Class 8 (Corrosive) material. See § 173.136. Your letter does not include sufficient information or data on the animal feed product to determine if the material meets the definition of a Class 8 (Corrosive) material under the HMR. If your assertion that the material is corrosive to steel or aluminum (see § 173.137(c)(2)) is correct, you then may be eligible for the exception in § 173.154(d). The exception states that a material that is a Class 8 (Corrosive) material solely because of its corrosive effect on aluminum or steel is not subject to the HMR if: (1) it is transported by highway or rail in a bulk packaging constructed of material that will not react dangerously with or be degraded by the corrosive material; (2) it does not meet the definition of any other hazardous class; and, (3) it does not meet the definition of a hazardous substance, a hazardous waste, or a marine pollutant, as defined in § 171.8.

I trust this satisfies your inquiry. Please contact us if we can be of further assistance.


Ben Supko

Acting Chief, Standards Development Branch

Standards and Rulemaking Division

171.8, 173.22, 173.136

Regulation Sections

Section Subject
173.136 Class 8-Definitions
173.22 Shipper's responsibility