Interpretation Response #02-0194 ([HAZSource, Inc] [Mike Williams])

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

Interpretation Response Details

Response Publish Date: 11/08/2002

Company Name: HAZSource, Inc

Individual Name: Mike Williams

Location State: OK Country: US

View the Interpretation Document

Response text:

Nov 8, 2002

Mr. Mike Williams                 Reference No. 02-0194

HAZSource, Inc.

6307 East 9611 Street

Tulsa, OK 74137

Dear Mr. Williams:

This is, in response to your July 19, 2002 letter and subsequent telephone conversation with Sandra Webb, of my staff requesting clarification under the Hazardous Materials Regulations. (HMR;49 CAR Parts 171-180) . Specifically, you ask if the proper shipping name for your material should be. "Dangerous Goods in Apparatus" or "Combustible Liquid, n.o.s.."

You state that the material contained. within the apparatus is a flammable liquid and has a flash point of 110 degrees Fahrenheit.  In the telephone conversation with Ms. Webb, you stated the apparatus is being transported in a non-bulk packaging via ground and contains only the residue of the material and it does not meet the definition of any other hazard class.

As provided in § 173.150(f), a flammable liquid with a flash point of 38EC (100E F) or higher 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.  Therefore, a combustible liquid transported in a non-bulk packaging that is not a hazardous substance, a hazardous waste, or a marine pollutant is not subject to the HMR.

I apologize for any misunderstanding and any inconvenience this may have cause you.  Please contact this office if you need additional assistance.

Sincerely,

Delmer Billings

Chief, Standards Development

Office of Hazardous Materials Standards

173.150

Regulation Sections