Interpretation Response #03-0010 ([TNT Logistics North America] [Mr. Michael J. Marino])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: TNT Logistics North America
Individual Name: Mr. Michael J. Marino
Location State: FL Country: US
View the Interpretation Document
Response text:
Feb 26, 2003
Mr. Michael J. Marino Reference No. 03-0010
Senior Attorney
TNT Logistics North America
10751 Deerwood Park Boulevard, Suite 200
Jacksonville, FL 32256
Dear Mi. Marino:
This is in response to your January 15, 2003 letter and telephone conversation with a member of my staff concerning the shipment via motor carrier of individual fuel nozzles that have been drained but could contain a residual amount of diesel fuel. The material safety data sheet you subsequently submitted states the diesel fuel has a flash point of 125 EF and meets the definition for a Class 3 (flammable) material. You asked if the fuel nozzles that are in sealed plastic bags and packed in non-bulk fiberboard boxes are excepted from the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).
The answer is yes. As you are aware, a flammable liquid (Class 3) with a flash point at or above 38 EC (100 EF) that does not meet the definition of any other hazard class may be reclassed as a combustible liquid (see § 173.120(b)(2)). Under § 173.150(f)(2), a combustible liquid, that is not a hazardous substance, hazardous waste, or a marine pollutant and is packaged in a non-bulk packaging, i.e., a packaging having a liquid capacity of 450 L (119 gallons) or less, is not subject to the requirements contained in the HMR.
I hope this satisfies your request.
Sincerely,
Hattie L. Mitchell, Chief
Regulatory Review and Reinvention
Office of Hazardous Materials Standards
173.150(f)(2), 173.120(b)(2)