Interpretation Response #09-0247 ([Mr. James La Porte])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name:
Individual Name: Mr. James La Porte
Location State: MI Country: US
View the Interpretation Document
Response text:
November 25, 2009
Mr. James La Porte
1670 Axtell
Troy, MI 48084
Ref. No. 09-0247
Dear Mr. La Porte:
This responds to your October 20, 2009 request for clarification of exceptions for the transportation of combustible liquids in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether the § 173.150 exceptions apply to the transportation of a non-bulk packaging of diesel fuel with a dispensing hose and pump within an enclosed trailer. According to your letter, the non-bulk packaging contains 50 gallons of diesel fuel.
The answer is yes. Under § 173.150, the HMR do not apply to a material classed as a combustible liquid in a non-bulk packaging unless the combustible liquid is a hazardous substance, a hazardous waste, or a marine pollutant. Thus, the § 173.150 exceptions apply to the transportation of a non-bulk packaging of diesel fuel with a dispensing hose and pump within a trailer.
You should be aware that the Occupational Safety and Health Administration (OSHA) and the State of Michigan regulate fuel containers and fuel dispensers such as a non-bulk packaging of diesel fuel with a dispensing hose and pump. Specific questions about requirements for fuel containers and fuel dispensers should be directed to OSHA and your state transportation department.
I hope this answers your inquiry. If you need additional assistance, do not hesitate to contact this Office.
Sincerely,
Charles E. Betts
Chief, Standards Development
Office of Hazardous Materials Standards
173.150
Regulation Sections
| Section | Subject |
|---|---|
| 173.150 | Exceptions for Class 3 (flammable and combustible liquids) |