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Interpretation Response #08-0142 ([Mr. Larry A. Berg] [Celtech Corporation])

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

Interpretation Response Details

Response Publish Date:

Company Name: Mr. Larry A. Berg

Individual Name: Celtech Corporation

Location State: NM Country: US

View the Interpretation Document

Response text:

June 16, 2008

Mr. Larry A. Berg

Manager, Quality Systems

Celtech Corporation

1300 Terminal Drive

Carlsbad, NM 88220

Ref. No.: 08-0142

Dear Mr. Berg:

This is in response to your May 15, 2008 letter regarding the transportation of "1010 lube oil" in cargo tanks under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). In the scenario described in your letter, you use the lube oil to test the tank, piping, and pump for leaks. You then drain the tank, which leaves five to ten gallons of residual lube oil in the tank and service equipment. You ask if these cargo tank motor vehicles are regulated when transported in commerce.

Under § 173.22 of the HMR, it is the shipper's responsibility to properly classify a hazardous material. This office generally does not perform this function. However, based on the information provided in your letter, it is the opinion of this Office that the "1010 lube oil" has a flash point above 200°F and is not a flammable or combustible liquid. Therefore, provided the lube oil does not meet any other hazard class, in your scenario, the cargo tank motor vehicles are not subject to the HMR.

I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.


Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards

172.101 173.22

Regulation Sections

Section Subject
173.22 Shipper's responsibility