Interpretation Response #13-0054 ([TOM DOLCE Training Associates] [Mr. Thomas Dolce])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: TOM DOLCE Training Associates
Individual Name: Mr. Thomas Dolce
Location State: RI Country: US
View the Interpretation Document
Response text:
April 11, 2013
Mr. Thomas Dolce
Principal Engineer
TOM DOLCE Training Associates
P.O. Box 7624
Warwick, RI 02887
Ref. No. 13-0054
Dear Mr. Dolce:
This responds to your February 18, 2013 letter requesting clarification of the classification criteria for a Class 3 (flammable liquid) under the International Air Transport Association (IATA) Dangerous Goods Regulations (IATA DGR) as they relate to the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). In your letter, you describe a liquid material with a flash point of 114°F that does not sustain combustion. Additionally for reference, you provide correspondence with a representative of IATA concerning this subject and further clarification of the applicability of the flammable liquid classification criteria under the International Maritime Dangerous Goods (IMDG) Code and the HMR.
It is your understanding that in accordance with the flammable liquid testing requirements under the IATA DGR (see 3.3.1.3(a)), the material would not be subject to the provisions of the IATA DGR. However, you are concerned that provisions 3.3.1.4 and 3.3.1.5 cause the material to remain regulated as a Class 3 flammable liquid. Specifically, you are concerned that although offered at a temperature below its flash point, during the course of transportation conditions may be such that the temperature of the material may equal or exceed its flash point, thus, causing the material to be considered a flammable liquid under the IATA DGR.
The HMR authorize and provide conditions for use of international standards and regulations in § 171.22. The IATA DGR are not included among those authorized although the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO TI) and the IMDG Code are authorized. Thus, we cannot specifically address your concerns regarding the IATA DGR.
However, for purposes of the HMR and in accordance with the flammable liquid definition in § 173.120, a liquid with a flash point greater than 95°F that does not sustain combustion according to test method ASTM D 4206 or the test procedure outlined in Appendix H of Part 173 of the HMR is not defined as a flammable liquid (see §173.120(a) and (a)(3)). Such a material is not subject to the requirements of the HMR as a flammable liquid even if temperature conditions during the course of transportation were to cause the material to equal or exceed its flash point.
For purposes of the ICAO TI and in accordance with 3.1.2, a material meeting the flammable liquid definition, which includes a liquid offered for transport at temperatures at or above its flash point or a substance offered at an elevated temperature, is not considered a flammable liquid under the ICAO TI if the material has passed a suitable combustibility test (see 3.1.3(a)).
For purposes of the IMDG Code and in accordance with 2.3.1.2, a material meeting the flammable liquid definition, which includes a liquid offered for transport at temperatures at or above its flash point or a substance offered at an elevated temperature, is not subject to the provisions of the IMDG Code if the material has passed a suitable combustibility test (see 2.3.1.3.1).
I hope this information is helpful. If you have further questions, please contact this office.
Sincerely,
Robert Benedict
Chief, Standards Development Branch
Standards and Rulemaking Division
171.22, 173.120