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Interpretation Response #04-0074 ([Briggs & Stratton] [Mr. John Mourand])

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

Interpretation Response Details

Response Publish Date:

Company Name: Briggs & Stratton

Individual Name: Mr. John Mourand

Location State: WI Country: US

View the Interpretation Document

Response text:

Oct 28, 2004


Mr. John Mourand                 Reference No. 04-0074
Environmental Manager
Briggs & Stratton
P.O. Box 702
Milwaukee, WI 53201-0702

Dear Mr. Mourand:

This responds to your letter and our telephone conversation regarding the classification of your product under the Hazardous Materials Regulations (49 CFR Parts 171-180). Specifically, you ask what regulatory requirements apply to your product, a fuel stabilizer that is both a combustible liquid with a flash point of 68 °C (155 °F) and a marine pollutant. Your product is packaged in non-bulk packaging and is offered for transportation by motor vehicle, rail car, and internationally by vessel. I apologize for the delay in responding and any inconvenience it may have caused.

In accordance with § 171.4 of the HMR, the requirements of the HMR applicable to marine pollutants do not apply to a marine pollutant in a non-bulk packaging transported by motor vehicle, rail car, or aircraft. Further, a material classed as a combustible liquid in accordance with § 173.150 of the HMR is excepted from the HMR when transported by motor vehicle or rail car (see § 173.150(f) (2) and (f) (3)). Thus, for transportation by highway or rail, a combustible liquid is not subject to the HMR when offered or transported in a non-bulk packaging, even if the combustible liquid also meets the definition for a marine pollutant.

In accordance with § 173.120(b) (2), for transportation by vessel, a liquid with a flash point above 60.5 °C (141 °F) that contains the marine pollutant di-tert-butylphenol would be described as “Environmentally hazardo1is substances, liquid, n.o.s. (di-tert-butylphenol), Class 9, UN3082, III, Marine Pollutant” when offered for international transportation by vessel in a non-bulk packaging. Also note that § 171.12 authorizes use of the International Maritime Dangerous Goods Code when transporting the hazardous materials by vessel.

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



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

 171.4, 171.12

Regulation Sections

Section Subject
171.12 North American Shipments
171.4 Marine pollutants