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Interpretation Response #08-0308 ([URS Corporation] [Ms. Erin N. Jarman])

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

Interpretation Response Details

Response Publish Date:

Company Name: URS Corporation

Individual Name: Ms. Erin N. Jarman

Location State: NC Country: US

View the Interpretation Document

Response text:

March 9, 2009

Ms. Erin N. Jarman

Environmental Scientist

URS Corporation

1600 Perimeter Park Drive

Morrisville, NC 27560

Ref. No. 08-0308

Dear Ms. Jarman:

This responds to your December 15, 2008 letter and subsequent conversation with a member of my staff regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the transportation of a non-compartmentalized cargo tank containing multiple materials. Specifically, you state that a cargo tank is loaded with both a corrosive liquid and a combustible liquid with a flash point ranging between 160 " 200° F; however, after loading, the two hazardous materials "separate" into two distinct layers inside the tank. You ask whether you should select a proper shipping name for each unique material contained in the tank or select a proper shipping name based solely on the hazard posed by the corrosive material.

Under § 173.22, it is the shipper"s responsibility to properly class a hazardous material. This Office does not perform that function. For purposes of classification and assignment of a proper shipping name, the two materials in the cargo tank should be treated in the manner it is being transported; that is, as a single material. Thus, you should select a proper shipping name that most appropriately describes the material and the hazards it presents in transportation (see § 172.101(c)(12)(ii)).

Based on the limited information provided in your letter and supplementary correspondence, it is the opinion of this Office that one of the corrosive liquid n.o.s. descriptions listed in the Hazardous Materials Table could suffice as the proper shipping name that most appropriately describes the material, depending on the characteristics of the final single material present in the cargo tank. Also, it should be noted that the technical name(s) of the hazardous material must be entered in parenthesis in accordance with § 172.101(b)(4) for these entries. By

definition, a combustible liquid is a material with a flashpoint between 60º C (140º F) and 93º C (200º F) that does not meet the definition of any other hazard class. As you indicated, your final material meets the definition for a corrosive liquid, and therefore it would not be appropriate to classify the final material as "Combustible liquid, n.o.s., NA1993."

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

171.8, 172.101

Regulation Sections

Section Subject
171.8 Definitions and abbreviations
172.101 Purpose and use of hazardous materials table