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Interpretation Response #09-0239 ([Hexion Specialty Chemicals] [Mr. Rich Daley Logistics])

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

Interpretation Response Details

Response Publish Date:

Company Name: Hexion Specialty Chemicals

Individual Name: Mr. Rich Daley Logistics

Location State: OH Country: US

View the Interpretation Document

Response text:

January 20, 2010




Mr. Rich Daley

Logistics Compliance Manager

Hexion Specialty Chemicals

180 East Broad Street

Columbus, OH 43215

Ref. No.: 09-0239

Dear Mr. Daley:

This responds to your letter regarding clarification of the phrase "or transported at or above its flash point" as it applies to elevated temperature material (ETM), defined in §171.8 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether a material described as "UN 1993, Flammable liquid, n.o.s., 3, PG III" with a flashpoint of 45°C (113°F), loaded and shipped in a tank car at a temperature of 60°C (140°F) meets the definition of an elevated temperature material, even if it is not intentionally heated.

The answer is no. A material is an elevated temperature material when offered for transportation or transported in a bulk packaging and is in a liquid phase at a temperature at or above 100°C (212°F), is in a liquid phase with a flash point at or above 38°C (100°F) that is intentionally heated, or is in a solid phase and at a temperature at or above 240°C (464°F). Therefore, the material described in your letter does not meet the definition for an elevated temperature material.

I hope this information is helpful. If we can be of further assistance, please contact us.


Charles E. Betts

Chief, Standards Development

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