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Interpretation Response #06-0021 ([Intertek Caleb Brett New Orleans] [Mr. Scott Fenwick])

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

Interpretation Response Details

Response Publish Date:

Company Name: Intertek Caleb Brett New Orleans

Individual Name: Mr. Scott Fenwick

Location State: DC Country: US

View the Interpretation Document

Response text:

Mar 23, 2006

Mr. Scott Fenwick                     
Reference No. 06-0021
Laboratory Business Development
Intertek Caleb Brett New Orleans
160 E. James Blvd
Suite 200
St. Rose, LA 70087

Dear Mr. Fenwick:

This is in response to your January 27, 2006 letter requesting clarification on the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to diesel fuel. You plan to provide your customers with packaging material and packaging closure instructions for return shipments. The package you are providing includes 8-one ounce (30 mL) French square glass bottles to be filled with diesel fuel. Each of those bottles will be wrapped in absorbent. Four bottles will be placed within a one quart metal can. Up to two cans will be placed within a United Nations certified 4G (fiberboard box). Your questions are paraphrased and answered as follows:

Q1. May customers offer these packages, containing diesel fuel, for highway transportation?

Al. The answer is yes. Under § 173.150(f) of the HMR, a flammable liquid with a flashpoint 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. This provision does not apply to transportation by vessel or aircraft, except where other means of transportation is impracticable. A material classed as a combustible liquid (e.g., "diesel fuel") in a non-bulk packaging that is not a hazardous substance, hazardous waste, or marine pollutant is not subject to the HMR.

Q2. May customers offer these packages, containing diesel fuel, for transportation by air?

A2. The exception in § 173.150(f) does not apply to transportation by aircraft, except where other means of transportation is impracticable. Your customers may offer these shipments for transportation by aircraft; however, they must be trained in accordance with Part 172, Subpart H, and they must prepare and offer the shipment for transportation in accordance wit all applicable requirements of the HMR ((e.g., packaging, marking, labeling, shipping papers, emergency response information, etc.). Many air carriers require hazardous materials to be shipped in accordance with the International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions). The HMR authorize the use of the ICAO Technical Instructions for transportation by aircraft. Diesel fuel, with a flash point of 60.5°C (14 1°F) or less, is regulated as a flammable liquid under the ICAO Technical Instructions.

Q3. Must the customers be trained in accordance with Part 172, Subpart H to ship diesel fuel?

A3. Your customers must be trained in accordance with Part 172, Subpart H to ship diesel fuel, unless the shipment satisfies the exception in § 173.150(f) for combustible liquids transported by highway or rail.

Q4. What are the labeling requirements for transporting diesel fuel?

A4. A package containing diesel fuel that meets the definition of a flammable liquid must bear the flammable liquid label depicted in § 172.419.

Q5. What additional requirements may carriers place upon these shipments?

A5. We provide information and guidance for compliance with the HMR; however, we cannot provide information pertaining to any additional restrictions carriers might place on shipments of hazardous materials. Contact the carrier for further information on its internal policies and procedures for transporting hazardous materials.

Q6. You also ask if we can provide an example of completed paperwork for transporting a hazardous material.

A6. A shipping paper must be prepared in accordance with Part 172, Subpart C. The HMR do not specify a format for shipping papers. Provided the shipping paper satisfies the requirements of the HMR, any format may be used. Some of the shipping paper requirements are specific to the type of material and mode of transportation. Therefore, it may be misleading to provide you with an example of a completed shipping paper.

I hope this information is helpful. Please contact us if you require additional assistance.


John A. Gale
Chief Standards Development
Office of Hazardous Materials Standards

172.101, 173.150

Regulation Sections

Section Subject
172.101 Purpose and use of hazardous materials table
173.150 Exceptions for Class 3 (flammable and combustible liquids)