Interpretation Response #04-0212 ([Transportation Development Group] [Mr. Jim Powell])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 11/17/2004

Company Name: Transportation Development Group

Individual Name: Mr. Jim Powell

Location State: HI Country: US

View the Interpretation Document

Response text:

Nov 17, 2004

Mr. Jim Powell, President                 Reference No. 04-0212

Transportation Development Group

415 Dairy Road

PMB E234

Kahului, HI 96732

Dear Mr. Powell:

This respond to your letter dated September 10, 2004, concerning the transportation of combustible liquids under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask about the transportation of "Perfumery products, UN 1266" that are classed as combustible liquids under § 173.150(0(1) of the HMR and the circumstances under which such combustible liquids may be transported by vessel or aircraft.

Under § 173.150(f)  of the HMR, a flammable liquid with a flashpoint at or above 38°C (100°F) that does not meet the definition of any other hazard class may be reclassed as a combustible liquid. This provision does not apply to transportation by vessel or aircraft, except where other means of transportation is impracticable. A material classed as a combustible liquid (e.g., "Perfumery products, UN 1266") in a non-bulk packaging (e.g., a box of 120 ml bottles) that is not a hazardous substance, hazardous waste, or marine pollutant is not subject to the HMR. For transportation by aircraft or vessel, a flammable liquid with a flashpoint above 60.5°C (141°F) is not regulated, provided it meets no other hazard class. (see § 173. 120(a)(2), (b)(2), and 173.150(f)(l)).

For purposes of 173.150(f), the term "impracticable" means that transportation is not physically possible or cannot be performed by routine or frequent means of transportation because of extenuating circumstances. For inter-island transportation or for transportation between the continental United States and Hawaii, transportation by a mode other than vessel or aircraft is not physically po1; sible; thus, under the HMR, you may use the exception in § 173.150(f) to transport a combustible liquid by vessel or aircraft between islands or between Hawaii and the continental United States, No prior arrangement or authorization from DOT is required for such transportation.

As you indicate in your letter, neither the International Civil Aviation Organization"s Technical Instructions for the Transport of Dangerous Goods (ICAO Technical Instructions) nor the International Maritime Dangerous Goods (IMDG) Code includes an exception from regulation for flammable liquids reclassed as combustible liquids. Thus, for airlines that require shippers to comply with the ICAO Technical Instructions and for vessel carriers that require shippers to comply with the IIMDG Code, "Perfumery products, UN 1266" must be classed as a flammable liquid.

I hope this satisfies your inquiry. If we can be of further assistance, please contact us.

Sincerely,

John A. Gale

Chief, Standards Development

Office of Hazardous Materials Standards

173.150(f)

Regulation Sections