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Interpretation Response #12-0108 ([Wercs Professional Services] [Mr. Kevin Skerrett])

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

Interpretation Response Details

Response Publish Date:

Company Name: Wercs Professional Services

Individual Name: Mr. Kevin Skerrett

Location State: NY Country: US

View the Interpretation Document

Response text:

July 24, 2012

Mr. Kevin Skerrett
Senior Regulatory Specialist
Wercs Professional Services
23 British American Boulevard
Latham, NY, 12110

Reference No.: 12-0108

Dear Mr. Skerrett:

This is in response to your May 7, 2012 e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You ask several questions pertaining to the transportation by water of UN3175, Solids containing flammable liquids, n.o.s. Your questions are answered as follows:

Q1. Are UN3175 materials required to have the flash point appended to the shipping description?

A1. No, provided there is no free liquid visible at the time the material is loaded or at the time the packaging or transport unit is closed (see § 172.102 Special Provision 47). The definition of flash point as provided in § 173.120(c)(1) is the minimum temperature at which a liquid gives off vapor within a test vessel in sufficient concentration to form an ignitable mixture with the air near the surface of the liquid. Therefore, the HMR § 172.203(i)(2) requirement that for transportation by water, the minimum flash point must be entered on the shipping paper, applies only to liquids. If the material is appropriately classed as UN3175, Solids containing flammable liquids, n.o.s. it is assigned to Division 4.1, and the flash point does not apply.

Q2. Is there a concern whether a ship"s captain could require the flash point to be entered on the shipping paper even if it is not required by regulation, and if the flash point is appended to a UN3175 shipping description would that be a violation?

A2. Section 172.201(a)(4) provides that a shipping paper may contain additional information concerning the material provided it is not inconsistent with the required description. Any such additional information appended to the shipping description, while not required, would not be considered a violation.

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



Delmer Billings
Senior Regulatory Advisor
Standards and Rulemaking Division

173.120(c)(1), 172.201(a)(4)

Regulation Sections

Section Subject
172.201 Preparation and retention of shipping papers
173.120 Class 3-Definitions