November 16, 2017

 

 

 

Public Works

Naval Station Everett

2000 W Marine View Drive

Everett, WA  98207

 

Reference No. 17-0067

 

Dear Mr. Roley:

 

This letter is in response to your June 14, 2017, e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to classification.  Specifically, you ask whether the products listed in the Material Safety Data Sheets (MSDS) you provided would be considered hazardous materials under the HMR.  

 

In accordance with § 173.22 of the HMR, it is the shipper’s responsibility to classify a hazardous material.  This Office does not normally perform this function.  However, based on the information provided in your e-mail, it is the opinion of this Office that both the “All Purpose SAE 10W-40 Four Stroke Engine Oil” and “TGMO SN 5W-30” oil have flash points above 200 °F and are not considered to be a flammable or combustible liquid under the HMR.  Therefore, provided these oils do not meet any other hazard classes, they would not be subject to the requirements of the HMR.

 

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

 

173.22