Interpretation Response #12-0201 ([Horizon Lines, LLC] [Mr. Cliff Bartley])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Horizon Lines, LLC
Individual Name: Mr. Cliff Bartley
Location State: FL Country: US
View the Interpretation Document
Response text:
September 13, 2012
Mr. Cliff Bartley
Manager, Hazardous Materials
Horizon Lines, LLC
Blount Island
5800-1 William Mills Street
Jacksonville, FL 32226
Reference No.: 12-0201
Dear Mr. Bartley:
This is in response to your April 20, 2012 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You note that for transportation by water § 173.203(i)(2) requires the minimum flash point, if 60 °C (140 °F) or below (in °C closed cup (c.c.)) to be entered on the shipping paper in association with the basic description. You ask whether this requirement applies to Division 2.1 flammable gas.
The answer is no. The definition of flash point as provided in § 173.120(c)(1) is the minimum temperature at which a liquid gives off vapor within a test vessel in sufficient concentration to form an ignitable mixture with the air near the surface of the liquid. Therefore, the HMR § 172.203(i)(2) requirement that for transportation by water, the minimum flash point must be entered on the shipping paper, applies only to liquids. If the material is appropriately classed as Division 2.1, the flash point does not apply.
I trust this satisfies your inquiry. Please contact us if we can be of further assistance.
Sincerely,
Delmer Billings
Senior Regulatory Advisor
Standards and Rulemaking Division
173.120, 172.203