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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 #15-0046 ([Dangerous Goods Department] [Mr. Sergio Bustamante M])

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

Interpretation Response Details

Response Publish Date:

Company Name: Dangerous Goods Department

Individual Name: Mr. Sergio Bustamante M

Country: US

View the Interpretation Document

Response text:

June 10, 2015

Sergio Bustamante M.
CSAV Portacontenedores SPA.
Dangerous Goods Department
Plaza Sotomayor 50
Valparaiso, Chile

Ref. No. 15-0046

Dear Mr. Bustamante:

This is in response to your January 30, 2015 e-mail requesting clarification on the proper classification of your customer's shipment of bone charcoal under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).

In your letter, you state it is your understanding that bone charcoal containing 12% carbon is a Division 4.2 pyrophoric solid or self-heating substance when offered for transportation. However, you also provide laboratory test results that indicate your customer's product does not meet the definition of a Division 4.2 (Spontaneously Combustible Material). In addition, you provide documentation required by 3.3.1, Special Provision 925, of the International Maritime Dangerous Goods Code (IMDG Code) that confirms the product is not a self-heating or pyrophoric solid. You request confirmation that your customer's product is not subject to the requirements of the HMR.

In accordance with § 173.22 of the HMR, it is the shipper's responsibility to properly classify a hazardous material. This Office generally does not perform this function. However, based on the test data and certification you provided, we agree that your customer's product does not meet the definition of a Division 4.2 material. Therefore, if your customer's product does not meet any other hazard class as defined in part 173 of the HMR, and is not a hazardous substance, hazardous waste, or marine pollutant, it is not subject to the HMR.

I hope this information is helpful. Please contact us if we can be of further assistance.



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


Regulation Sections

Section Subject
173.22 Shipper's responsibility