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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #00-0270 ([Mississippi Transport, Inc.] [Mr. Thomas H. Hamilton])

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

Interpretation Response Details

Response Publish Date:

Company Name: Mississippi Transport, Inc.

Individual Name: Mr. Thomas H. Hamilton

Location State: MN Country: US

View the Interpretation Document

Response text:

December 19, 2000

Mr. Thomas H. Hamilton                Reference No. 00-0270
Director of Safety
Mississippi Transport, Inc.
P.O. Box 209
Stillwater, MN 55082

Dear Mr. Hamilton:

This responds to your letter regarding the classification of a petroleum product (fuel oil #6) under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and the railroad grade stopping requirement under the Federal Motor Carrier Safety Regulations (FMCSR; 49 CFR Parts 390-397). Your question concerning the railroad grade stopping requirement is being referred to the Federal Motor Carrier Safety Administration (FMCSA) for response. Your HMR inquiry is paraphrased and answered as follows:

Q. We transport a petroleum product (fuel oil #6) with a flashpoint of 250°F. The product is loaded and transported at a temperature of 230°-250°F. Please confirm whether this product is either a flammable liquid, combustible liquid, or an elevated temperature material.

A. Based upon your description of the product, it is an elevated temperature material, which is defined as a material in a liquid phase with a flash point at or above 37.8 Celsius (100 degrees Fahrenheit ) that is intentionally heated and offered for transportation or transported at or above its flash point in a bulk packaging. See definition in § 171.8. The product does not meet the definition in § 173.120(b)(1) and (2) of a combustible liquid, which is defined as a liquid, not meeting any other hazard class in the HMR, having a flashpoint above 100°F and below 200°F. The product hazard class would be determined based upon the temperature at which the product is loaded or offered for transportation.

If the product is loaded or transported at a temperature at or above 250 degrees Fahrenheit, it would be properly described as "Elevated temperature liquid, flammable, n.o.s., Class 3, UN3256, PG III." Section 173.120(a) defines a flammable liquid Class 3 elevated temperature material as any material in a liquid phase with a flashpoint at or above 100 degrees Fahrenheit that is intentionally heated and offered for transportation or transported at or above its flashpoint in a bulk packaging. If the product is loaded or transported at a temperature below 250°F, it would be properly described as "Elevated temperature liquid, n.o.s., Class 9, UN3257, PGIII." A Class 9 elevated temperature liquid is a liquid that is intentionally heated and offered for transportation or transported at a temperature at or above 100°F and below its flashpoint. See the definition of elevated temperature material in § 171.8 and the definition of Class 9 in § 173.140(b).

I trust this satisfies your inquiry. Please contact us if we can be of further assistance.

Sincerely,

 

Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards

172.101

Regulation Sections

Section Subject
172.101 Purpose and use of hazardous materials table