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Interpretation Response #13-0016 ([American Ordnance LLC] [Mr. Charles McDowell])

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

Interpretation Response Details

Response Publish Date:

Company Name: American Ordnance LLC

Individual Name: Mr. Charles McDowell

Location State: TN Country: US

View the Interpretation Document

Response text:

February 20, 2013


Mr. Charles McDowell
EMS Representative
American Ordnance LLC
2280 Highway 104 West, Ste. 2
Milan, TN 38358-3177

Reference No. 13-0016

Dear Mr. McDowell:

This is in response to your January 22, 2013 e-mail requesting the Pipeline and Hazardous Materials Safety Administration (PHMSA) provide clarification on the shipment of waste water canisters containing perchlorate resins.  In your scenario, the canisters are removed from service and the perchlorate resin in the containers is tested in accordance with § 173.127(a)(1) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and found not to support combustion.  In addition the perchlorate resin is tested and is determined not to be an Environmental Protection Agency (EPA) hazardous waste.  You ask if empty packaging provisions in § 173.23 would apply to the perchlorate resin in your containers.

Under § 173.22, it is the shipper's responsibility to properly classify a hazardous material.  This Office does not perform that function.  However, based on the information you provided, it does not appear that the material you describe meets the definition of a hazardous material.  Therefore, the empty packaging provision in § 173.23 would not apply to the containers.

I hope this satisfies your request.



T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

173.22, 173.127

Regulation Sections

Section Subject
173.127 Class 5, Division 5.1-Definition and assignment of packing groups
173.22 Shipper's responsibility