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Interpretation Response #15-0075 ([Dexsil Corporation] [Mr. Andrew Lynn])

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

Interpretation Response Details

Response Publish Date:

Company Name: Dexsil Corporation

Individual Name: Mr. Andrew Lynn

Location State: CT Country: US

View the Interpretation Document

Response text:

May 27, 2015

Mr. Andrew Lynn
Quality Control Manager
Dexsil Corporation
One Hamden Park Dr.
Hamden, CT 06517

Ref. No.: 15-0075

Dear Mr. Lynn:

This is in response to your letter requesting clarification of the the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) regarding the applicability of certain provisions of Competent Authority Approval CA1996100010. In your letter, you state that your company ships environmental test kits containing small quantities of "UN1391, Alkali metal dispersion, 4.3, PG I" or "UN1404, Calcium hydride mixtures, 4.3, PG I." Competent Authority Approval CA1996100010 authorizes these kits to be offered for domestic ground transportation in accordance with the provisions for small quantities prescribed in § 173.4. When transported in accordance with the provisions of § 173.4 the kits are not subject to any other requirements of the HMR, including placarding. For air transport the kits are offered as a fully regulated Division 4.3 material aboard cargo aircraft only in accordance with the International Civil Aviation Organization Technical Instructions (ICAO TI). Your questions are paraphrased and answered below:

Q1. You ask whether consignments that are fully marked and labeled accordance with the ICAO TI may be transported without placarding the transport vehicle during the domestic ground segment of transport based on the Competent Authority Approval authorization to use the provisions of § 173.4.

A1. Your understanding is correct. Section 173.4 excepts small quantities of authorized materials from the requirements of the HMR when transported domestically by highway or rail provided all of the requirements prescribed in § 173.4 are met. This means they are not subject to the requirements for shipping papers, markings, labels, or placards when transported by highway or rail including when such transportation is performed prior to or subsequent to transportation by aircraft.

Q2. You seek confirmation of your understanding that your package may be marked with the statement "This package conforms to 49 CFR 173.4 for domestic highway or rail transport only" as required by § 173.4(a)(10) in addition to the markings or labels prescribed by the ICAO TI. You note that under the ICAO TI, markings and labels required by other international or national transport regulations are permitted in addition to markings and labels required by the ICAO TI, provided that they cannot be confused with or conflict with any markings or labels prescribed by the ICAO TI. In addition, you note that under the HMR, there is no prohibition against marking the package in accordance with the ICAO TI and note that § 172.401(c)(3) permits labeling in conformance with the ICAO TI even when not required by the HMR.

A2. Your understanding is correct. Although your material is excepted from the requirements of the HMR other than those prescribed in CA1996100010 and § 173.4, the package may remain appropriately marked and labeled in accordance with the ICAO TI and transit the United States by highway or rail without placarding.

I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.

Sincerely,

Duane Pfund
International Standards Coordinator
Standards and Rulemaking Division

173.4, 173.4(a)(10), 172.401(c)(3)

Regulation Sections

Section Subject
172.401 Prohibited labeling
173.4 Small quantities for highway and rail