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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 #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)

Regulation Sections

Section Subject
172.101 Purpose and use of hazardous materials table
173.4 Small quantities for highway and rail