Interpretation Response #17-0070
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Entegris
Individual Name: Mr. Quentin Yarbrough
Location State: TX Country: US
View the Interpretation Document
Response text:
March 6, 2018
Quentin Yarbrough
EHS&S Specialist
Entegris
706 Houston Clinton Drive
Burnet, TX 78611
Reference No. 17-0070
Dear Mr. Yarbrough:
This letter is in response to your July 7, 2017, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to shipping samples of hazardous materials. Specifically, you ask whether samples of hazardous materials that are shipped using a tentative proper shipping name, hazard class, identification number, or packing group in accordance with § 172.101(c)(11) may use the provisions in § 173.4a for excepted quantities, and if so, whether provisions pertaining to the proper shipping name in § 172.101(c)(11) are applicable.
The answer is yes, provided that the shipper is reasonably certain that the material's hazard classification does not fall outside of the scope of materials authorized for transportation as an excepted quantity as outlined in § 173.4a(b). In accordance with § 172.101(c)(11), a material for which the hazard class is uncertain and which must be determined by testing may be assigned a tentative proper shipping name, hazard class, identification number and packing group, if applicable, based on the shipper's tentative determination. Based on the tentative class and description, the material may qualify to be shipped under the excepted quantities provisions in § 173.4a, subject to conditions outlined in that section. Further, to the extent that the sample is shipped as an excepted quantity, the shipping paper requirements do not apply, and therefore, the provisions pertaining to the proper shipping name in § 172.101(c)(11) no longer apply.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division
173.4a, 172.101(c)(11), 173.4a(b)