Interpretation Response #19-0100
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
May 13, 2020
Global Cellulose Fibers
32901 Weyerhaeuser Way South,
Federal Way, WA 98001
Reference No. 19-0100
Dear Mr. Bissett:
This is in response to your July 31, 2019 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to materials of trade. Specifically, you ask whether the process you describe in your letter for transporting chlorine dioxide, hydrate, frozen is acceptable under the HMR and/or the materials of trade exceptions specified in § 173.6.
This Office is not able to approve a company’s transportation process; however, it can determine the material’s eligibility for the exceptions in § 173.6. In your letter, you state that the material in question is a Division 5.1 material (oxidizer) with a Division 6.1 (poisonous) subsidiary hazard in Packing Group (PG) II and is being used for research in your Washington facility. You also state that the material is packaged in 1-gallon plastic inners with a 4G PG I outer packaging which is then placed in a cooler with dry ice that is secured within the vehicle. Not more than four gallons of the material are transported at any given time. Finally, you state that it is part of your standard procedure to prepare the necessary shipping papers for the material, and to carry a copy of the Emergency Response Guide.
Given the information you have provided, your material is not eligible for the materials of trade exception. However, provided the outside of the cooler described in your letter is properly marked and labeled, your material can be shipped in the manner described without the need of the materials of trade exemptions in § 173.6.
I hope this information is helpful. Please contact us if we can be of further assistance.
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
|Materials of trade exceptions