Interpretation Response #23-0015
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
July 17, 2023
3031 N Rocky Point Dr.
Tampa, FL 33607
Reference No. 23-0015
Dear Mr. Cisneros:
This letter is in response to your March 1, 2023, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the classification of ammonium nitrate-based fertilizer. Specifically, you request classification of your material, known by the trade name of "NS 30:7."
Under § 173.22, it is the shipper's responsibility to properly classify a hazardous material in accordance with classification criteria provided in the HMR prior to offering it for transportation to—or within—the United States. This Office does not normally perform this function. In accordance with Special Provision 150 of § 172.102, ammonium nitrate-based fertilizer must be classified using the procedures of the UN Manual of Tests and Criteria, Part III, Section 39, "Classification Procedure and Criteria Relating to Solid Ammonium Nitrate Based Fertilizers" (incorporated by reference, see § 171.7). If your material meets the composition and testing requirements described in Section 39 for classification as UN 2067, a competent authority approval is not needed for transportation. If your material does not fulfill the requirements for UN 2067, you may need to obtain a competent authority approval prior to offering it for transportation, in accordance with § 107.709.
I hope this information is helpful. Please contact us if we can be of further assistance.
Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division
107.709, 171.7, 172.102, 173.22
|§ 173.22||Shipper's responsibility|