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Interpretation Response #13-0212 ([Anpersan, LLC] [Mr. Gary P. Sanders])

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

Interpretation Response Details

Response Publish Date:

Company Name: Anpersan, LLC

Individual Name: Mr. Gary P. Sanders

Location State: FL Country: US

View the Interpretation Document

Response text:

March 24, 2014

Mr. Gary P. Sanders
Anpersan, LLC
5209 San Jose Boulevard
Jacksonville, FL  32207

Reference No. 13-0212

Dear Mr. Sanders:

This is in response to your November 8, 2013 e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to classification.  Specifically, you ask how a material with a flashpoint between 100 °F and 141 °F that meets the definition of A Class 3 (flammable) liquid is regulated in transportation under the HMR if it also meets the definition of a marine pollutant, is re-classed as combustible liquid, and is shipped in non-bulk containers by motor vehicle or railcar. 

In the scenario you describe, a combustible liquid is not subject to regulation under the HMR.  A Class 3 liquid material with a flashpoint at or above 38 °C (100 °F) and not more than 60 °C (140 °F) may be classed as a flammable liquid, or reclassed as a combustible liquid, provided it does not meet the definition of any another hazard class (see § 173.120(a) and (b)(2)).  Also, provided it is not a hazardous substance, hazardous waste, or marine pollutant, a combustible liquid is excepted from regulation as a hazardous material when placed in a non-bulk package (see §§ 171.8 and 173.150(f)(2)).  A marine pollutant is excepted from regulation under the HMR when placed in a non-bulk packaging and offered or intended for transportation by aircraft, motor vehicle, or railcar (see § 171.4(c)).  Therefore, a combustible liquid that is a marine pollutant and offered or transported in a non-bulk container by motor vehicle or railcar is not considered a marine pollutant under the HMR.

I hope this satisfies your request.



T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

173.120, 173.150

Regulation Sections

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