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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.



Hattie L. Mitchell, Chief

Regulatory Review and Reinvention

Office of Hazardous Materials Standards

173.150(f)(2), 173.120(b)(2)

Regulation Sections

Section Subject
173.120 Class 3-Definitions
173.150 Exceptions for Class 3 (flammable and combustible liquids)