Interpretation Response #01-0268 ([W.M. Barr & Company Inc.] [Mr. John Ghio])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: W.M. Barr & Company Inc.
Individual Name: Mr. John Ghio
Location State: TN Country: US
View the Interpretation Document
Response text:
February 20, 2002
Mr. John Ghio, Reference No. 01-0268
W.M. Barr & Company Inc.
P.O. Box 1879
Memphis, Tennessee 38101
Dear Mr. Ghio:
This responds to your letter regarding the classification of kerosene, having a flash point of 105°F, in a five gallon can (UN lAl/Yl.2/100), that is transported by vessel to Alaska in accordance with the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). As provided in § 173.120(b), a flammable liquid with a flash point 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.
You did not provide specifics on whether other means of transporting non-bulk packagings of kerosene to Alaska are practicable. Although our letter of December 27, 2000, enclosed with your letter, specifically addressed the definition of the term "ipracticable" as used in § 175.85, we also apply that definition to the term "impracticable" as used in § 173.150(f)(1). Specifically, "impracticable" means that transportation is not physically possible, or cannot be performed by routine and frequent means of other transportation due to extenuating circumstances. Extenuating circumstances include conditions that preclude highway transportation, such as road closures due to catastrophic weather or volcanic activity, or a declared state of emergency. If routine and frequent highway shipments of kerosene are possible, it must be classed as a flammable liquid when shipped and transported by vessel.
I hope this satisfies your inquiry. If we can be of further assistance, please contact us.
Sincerely,
Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials Standards
173.150
Regulation Sections
| Section | Subject |
|---|---|
| 173.150 | Exceptions for Class 3 (flammable and combustible liquids) |