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Interpretation Response #12-0201 ([Horizon Lines, LLC] [Mr. Cliff Bartley])

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

Interpretation Response Details

Response Publish Date:

Company Name: Horizon Lines, LLC

Individual Name: Mr. Cliff Bartley

Location State: FL Country: US

View the Interpretation Document

Response text:

September 13, 2012


Mr. Cliff Bartley
Manager, Hazardous Materials
Horizon Lines, LLC
Blount Island
5800-1 William Mills Street
Jacksonville, FL 32226

Reference No.: 12-0201

Dear Mr. Bartley:

This is in response to your April 20, 2012 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You note that for transportation by water § 173.203(i)(2) requires the minimum flash point, if 60 °C (140 °F) or below (in °C closed cup (c.c.)) to be entered on the shipping paper in association with the basic description. You ask whether this requirement applies to Division 2.1 flammable gas.

The answer is no. 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 Division 2.1, the flash point does not apply.

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, 172.203

Regulation Sections

Section Subject
173.203 Non-bulk packagings for liquid hazardous materials in Packing Group III