Interpretation Response #16-0149 ([Tower Products, Inc.] [Ms. Caron Anderson])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Tower Products, Inc.
Individual Name: Ms. Caron Anderson
Location State: PA Country: US
View the Interpretation Document
Response text:
December 15, 2016
Ms. Caron Anderson
Tower Products, Inc.
2703 Freemansburg Ave
Easton, PA 18045
Reference No. 16-0149
Dear Ms. Anderson:
This letter is in response to your September 1, 2016, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the shipment of non-bulk combustible materials. You include in your letter a product label that shows the United Nations (UN) Number on the package and a shipping paper that references the product being a combustible liquid. Specifically, you ask if the label and shipping paper presented in your letter are permissible while still taking the exception in § 173.150(f).
The answer is yes. A person shipping a product excepted under the HMR’s combustible liquid provisions may still mark the package so long as it is representative of the material or product being shipped. In your case, a material classified as a combustible liquid in a non-bulk packaging that is not a hazardous substance, hazardous waste, or a marine pollutant is excepted from the HMR (§ 173.150(f)(2)). Notwithstanding this exception, the shipper may still mark the package in accordance with Part 172, Subpart D and reference on the shipping paper that the material is a combustible liquid.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
173.150(f), 173.150(f)(2), 172