Interpretation Response #03-0052 ([Tempu Marketing, Inc.] [Ms. Toi Phillips])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Tempu Marketing, Inc.
Individual Name: Ms. Toi Phillips
Location State: NY Country: US
View the Interpretation Document
Response text:
Jul 7, 2003
Ms. Toi Phillips Reference No. 03-0052
Production Manager
Tempu Marketing, Inc.
26 West 17th Street
New York City, NY 10011
This is in response to your letter dated February 18, 2003, requesting clarification on the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the transportation of combustible liquids. Specifically, you ask whether your material, which has a flash point of 45 EC (113 EF) and packaged in inner receptacles between 0.0704 and 16 fluid ounces meets the combustible liquid exception criteria in § 173.150(f) for non-bulk packaging.
A flammable liquid with a flash point of 38 EC (100 EF) or higher that does not meet the definition of any other hazard class may be reclassed as a combustible liquid as provided by § 173.150(f). This exception is for domestic transportation and does not apply to transportation by vessel or aircraft, except where other means of transportation is impracticable. A material that is reclassed as a combustible liquid and that is transported in a non-bulk packaging is not subject to the HMR unless it is a hazardous substance, a hazardous waste, or a marine pollutant. (A non-bulk packaging, as defined in § 171.8 of the HMR, is a packaging with a maximum capacity of 450L (119 gallons) or less.) You are correct that, provided the criteria in § 173.150(f) are met, you may ship your product with no special packagings, markings, or documentation. If your product is a combustible liquid that is also a hazardous substance, a hazardous waste, or a marine pollutant, it is subject the requirements outlined in § 173.150(f)(3)(i) through (vii). In either case, the exception provided in § 173.150(f) requires no special approval or written authorization.
I hope this information is helpful. If we can be of further assistance, please do not hesitate to contact us.
Sincerely,
Susan Gorsky
Senior Regulations Specialist
Office of Hazardous Materials Standards
173.150(f)
Regulation Sections
| Section | Subject |
|---|---|
| 173.150 | Exceptions for Class 3 (flammable and combustible liquids) |