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Interpretation Response #11-0049 ([EnergySolutions, Inc.] [Ms. Merrie Schilperoort])

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

Interpretation Response Details

Response Publish Date:

Company Name: EnergySolutions, Inc.

Individual Name: Ms. Merrie Schilperoort

Location State: WA Country: US

View the Interpretation Document

Response text:

June 30, 2011




Ms. Merrie Schilperoort

Hazardous material Training Manager

EnergySolutions, Inc.

2345 Stevens Drive, Suite 240

Richland, Washington 99354

Ref. No. 11-0049

Dear Ms. Schilperoort:

This responds to your February 22, 2011 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). In your letter, you indicate that a company intends to reoffer containers (aerosol cans) manufactured under Special permit DOT-SP 12995 for disposal or recycling after use. You ask whether such aerosol cans that have been dented or have missing spray nozzles or caps may be shipped in accordance with the limited quantities of compressed gas provisions under § 173.306(k), or if they must be shipped under the terms and conditions of the special permit. Your questions are paraphrased and answered as follows:

Q1. Is the end-user of an aerosol product subject to the terms and conditions of a special permit granted to the aerosol manufacturer when offering such products for transportation in commerce?

A1. The answer is yes. In accordance with § 173.22a(b), unless indicated otherwise, a person may only use a packaging authorized in a special permit subject to the terms specified therein.

Q2. Special Permit DOT-SP 12995 excepts aerosols manufactured by a certain company from the hot water bath test prescribed for all aerosols in

§ 173.306(a)(3)(v). Section 173.306(k) excepts aerosols from certain HMR requirements when transported for recycling or disposal if they meet the conditions specified in § 173.306(a)(3) (to include the hot water bath test). Is it permissible to combine the authorization in § 173.306(k) (missing nozzles) with the authorization in DOT-SP 12995 (hot water bath test) and transport the subject aerosols?

A2. The answer is no. The exceptions for aerosols provided in § 173.306(k) require full compliance with § 173.306(a)(3). Special Permit DOT-SP 12995 excepts aerosols from the regulation in § 173.306(a)(3)(v) in that each container will be tested as specified therein in lieu of the required hot water bath test.

Q3. Is it permissible to rename the containers under the description "Receptacles, small, containing gas (UN2037)?"

A4. The answer is no. As noted in your letter, the special permit does not indicate such an authorized shipping description in Section 6.

Q5. If the answer to the previous two questions is no, what is the appropriate method for shipping the aerosols?

A5. Under § 107.105, you may apply for your own special permit that authorizes shipment of the aerosols for recycling or disposal. You may contact our Permits and Approvals Division at (202) 366-4535 for more information.

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


T. Glenn Foster

Chief, Regulatory Review and Reinvention Branch

Standards and Rulemaking Division

173.306, 173.22

Regulation Sections

Section Subject
173.22a Use of packagings authorized under special permits
173.306 Limited quantities of compressed gases