Interpretation Response #99-0239 ([Howrey & Simon, Attorneys at Law] [Mr. George Kerchner])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Howrey & Simon, Attorneys at Law
Individual Name: Mr. George Kerchner
Location State: DC Country: US
View the Interpretation Document
Response text:
October 21, 1999
Mr. George Kerchner Ref. No. 99-0239
Howrey & Simon, Attorneys at Law
1299 Pennsylvania Avenue, NW
Washington, DC 20004-2402
Dear Mr. Kerchner:
This is in response to your letter dated August 25, 1999 requesting information concerning the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-190) to “pasted” lead plates.
Under § 173.22, it is a shipper's responsibility to properly class, package, mark, and label a hazardous material for transportation in commerce or determine that it does not meet a hazard class definition. This Office generally does not perform this function. The criteria for making hazard class determinations can be found in Part 173 of the HMR.
If your material does not meet the hazard class defining criteria in Part 173, and is not a hazardous waste, hazardous substance or marine pollutant defined in § 171.8, it is not subject to the HMR. A hazardous substance must be listed in Appendix A to § 172.101 and must equal or exceed the reportable quantity (RQ) for that substance in one package. If your material does not exceed this amount, it is not subject to the HMR.
I hope this satisfies your request.
Sincerely,
John A. Gale
Transportation Regulations Specialist
Office of Hazardous Materials Standards
73.22