USA Banner

Official US Government Icon

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Site Icon

Secure .gov websites use HTTPS
A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

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

Interpretation Response #12-0215 ([Hazardous Materials Specialist] [Mr. Tom Forbes])

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

Interpretation Response Details

Response Publish Date:

Company Name: Hazardous Materials Specialist

Individual Name: Mr. Tom Forbes

Location State: OH Country: US

View the Interpretation Document

Response text:

December 5, 2012 


Mr. Tom Forbes
Hazardous Materials Specialist
Public Utility Commission of Ohio
Transportation Department
180 East Broad Street, Suite 436
Columbus, OH, 43215

Reference No.: 12-0215

Dear Mr. Forbes:

This is in response to your September 26, 2012 e-mail to the Hazardous Materials Information Center requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  You present two scenarios pertaining to the transportation of calcium hypochlorite.

UN2880, calcium hypochlorite, hydrated, 5.1, PG II is packaged in a 5-gallon, white plastic pail and is transported by highway in an open body, stake bed truck with no top.  Special provision 165 applies to this material and provides that during the course of transportation these substances must be shaded from direct sunlight and all sources of heat and be placed in adequately ventilated areas: 

Q1.  If the described pail is UV resistant is the material considered shaded from direct sunlight?

A1.  No.  As provided in § 171.8, the definition of transportation is the movement of property and loading, unloading, or storage incident to that movement.  The language provided in special provision 165, "During the course of transportation," implies that the material is already packaged and in the process of being transported.  During transportation, special provision 165 requires the additional protection of shading the substance from direct sunlight.  The package or packaging does not provide this additional protection.

Q2.  Does the color or type of packaging change the answer?

A2.  No.  See A1.

Q3.  If the pails are part of a combination package where there is an outside packaging, are the inside packagings considered shaded?

A3.  No.  See A1.

Calcium hypochlorite is transported in a package containing 24, 1-pound pouches for swimming pool treatment that has been reclassed as ORM-D or being shipped as a limited quantity.  Each package exceeds the reportable quantity (RQ) for calcium hypochlorite and the material meets the definition of hazardous substance:

Q4.  If the material is offered as an ORM-D, is a shipping paper required for highway transportation?

A4.  Yes.  The § 172.200(b)(3) exception to the shipping paper requirement does not apply to a material that meets the definition of a hazardous substance.

Q5.  If the material is offered as a limited quantity, is a shipping paper required for highway transportation?

A5.  Yes. See A4.

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


Delmer Billings
Senior Regulatory Advisor  
Standards and Rulemaking Division

172.200, 171.8

Regulation Sections

Section Subject
171.8 Definitions and abbreviations
172.200 Applicability