USA Banner

Official US Government Icon

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Site Icon

Secure .gov websites use HTTPS
A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #11-0205 ([AT&T] [Mr. Jim 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: AT&T

Individual Name: Mr. Jim La Porte

Location State: MI Country: US

View the Interpretation Document

Response text:

September 28, 2011

 

 

Mr. Jim La Porte

AT&T

1670 Axtell

Troy, Michigan 48084

Ref. No.: 11-0205

Dear Mr. La Porte:

This responds to your August 19, 2011 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171"180) applicable to the transportation of combustible liquids. In your email, you ask for confirmation that the transportation by highway of combustible liquids in non-bulk packagings is not regulated under the HMR. Additionally, you ask for confirmation that the empty packaging requirements in § 173.29 are also not required for those packagings.

The transportation by highway of combustible liquids in non-bulk packagings is not regulated under the HMR. A "combustible liquid" is defined as a material that has a flash point above 60 ºC (140 ºF) and below 93 ºC (200 ºF) and does not meet the definition of any other hazard class under the HMR (see § 173.120(b)(1)). Further, a flammable liquid with a flash point at or above 38 °C (100 °F) that does not meet the definition of any other hazard class may also be reclassed as a combustible liquid by certain modes of transport (see § 173.120(b)(2)). As such, a combustible liquid that is not a hazardous substance, hazardous waste, or a marine pollutant and is packaged in a non-bulk packaging (i.e., a packaging having a liquid capacity of 450 L (119 gallons) or less) is not subject to any other requirements under the HMR (see § 173.150(f)(2)).

Section 173.29 requires that an empty packaging containing a residue of a hazardous material be offered for transportation and transported in the same manner as when it previously contained a greater quantity of that hazardous material, unless it has been sufficiently cleaned of residue and purged of vapors to remove any potential hazard. However, you state in your Email that your material has a flash point at or above 100°F, does not meet the definition of any other hazard class, and it was reclassed as a combustible liquid and shipped by highway in non-bulk packagings. Therefore, as provided under § 173.150(f)(2), no other requirements of the subchapter, including the requirements in § 173.29, apply.

I hope this satisfies your inquiry. Please contact us if we can be of further assistance.

Sincerely,

T. Glenn Foster

Chief, Regulatory Review and Reinvention Branch

Standards and Rulemaking Division

173.29, 173.120, 173.150

Regulation Sections

Section Subject
173.120 Class 3-Definitions
173.150 Exceptions for Class 3 (flammable and combustible liquids)
173.29 Empty packagings