Interpretation Response #06-0191 ([The Pinehurst Office Center] [Mr. Gary A. Peters])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: The Pinehurst Office Center
Individual Name: Mr. Gary A. Peters
Location State: MI Country: US
View the Interpretation Document
Response text:
Feb 12, 2007
Mr. Gary A. Peters Reference No. 06-0191
Howard & Howard Attorneys
The Pinehurst Office Center
39400 Woodward Avenue, Suite 101
Bloomfield Hills, MI 48304-5151
Mr. Peters,
This responds to your August 28, 2006 letter requesting clarification on the applicability of the exception for aqueous solutions of alcohol in § 173.150(e) under the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1-180). Specifically, you ask whether the alcohol solution you ship meets the provisions in § 173.150(e), and whether §173.150(f) has any impact on your shipment if transported by aircraft or vessel.
According to your letter, your client ships a product containing 10% Isopropyl Alcohol with greater than 75% water with a second ingredient, "Nonylphenoxy poly (etheleneoxy) ethanol," a nonionic surfactant-alkylphenol ethoxylate (NPE), which is not a hazardous material under the HMR. This product has a flash point of 104° F, contains no other hazardous materials, and is packaged in a 2.75 gallon container.
According to §173.150(e), an aqueous solution of alcohol maybe reclassed as a combustible liquid, and is not subject to the HMR when it contains 24% or less alcohol by volume, no other hazardous material, and more than 50% water. Based on the information provided in your letter, it is the opinion of this Office that your alcohol solution does meet the provisions in §173.150(e) as an aqueous solution of alcohol, and is not subject to the HMR when transported by all modes. However, if you choose to use the exception in § 173.150(f), transportation by aircraft or vessel is not authorized except where other means of 1.ransportation is impracticable.
I hope this answers your inquiry.
Sincerely,
John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards
173.150(e)
Regulation Sections
| Section | Subject |
|---|---|
| 173.150 | Exceptions for Class 3 (flammable and combustible liquids) |