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Interpretation Response #15-0053 ([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:

Individual Name: Mr. Kevin Skerrett

Location State: NY Country: US

View the Interpretation Document

Response text:

July 20, 2015

Mr. Kevin Skerrett
Senior Regulatory Specialist
23 British American Blvd.
Latham, NY 12110

Reference No. 15-0053

Dear Mr. Skerrett:

This is in response to your March 20, 2015 e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the shipment of limited quantities of ethyl alcohol specified in § 173.150(g). Portions of Special Permit 9275 (SP-9275) were incorporated into the HMR to except certain products containing limited quantities of ethyl alcohol. Your questions are paraphrased and answered below:

Q1. Is it the Pipeline and Hazardous Materials Safety Administration's (PHMSA) intent that § 173.150(g) allow the presence of "other hazardous materials" under the same terms as allowed in SP-9275?

A1. The answer is yes, provided the solution absent the ethyl alcohol, is not subject to the HMR.

Q2. The language in § 173.150(g)(1) and (2), reads "classed as a flammable liquid or solids." Would the exception still apply if a second flammable material (in addition to ethanol) was present in sufficient concentration to, by itself, result in classification as a hazardous material?

A2. The answer is no, the material absent of ethyl alcohol cannot be subject to the HMR.

Q3. Section 171.4(c)(1) excepts marine pollutants from the HMR provided no part of transportation is by vessel. Does this exception still apply when applying the exception in § 173.150(g) of the HMR?

A3. The answer is yes, provided all of the requirements in §173.150(g) and § 171.4(c)(1) are met, the retail products would not be subject to any other parts of the HMR.

Q4. Section 171.4(c)(2) excepts marine pollutants shipped in quantities under 5 liters for liquids or 5 kg for solids provided no part of transportation is by vessel. Does this exception still apply when applying the exception in § 173.150(g) of the HMR?

A4. The answer is yes, provided all of the requirements in §173.150(g) and § 171.4(c)(2) are met, the retail products would not be subject to any other parts of the HMR. It should be noted that the largest quantities permitted under § 173.150(g) are 3.78 L (1gallon) for selected liquids and 3.63 kg (8 pounds) for selected solids.

I hope this satisfies your request.

Sincerely,

 

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

173.150(g), 173.150(g)(1) and (2), 171.4(c)(1), 171.4(c)(2)

Regulation Sections

Section Subject
171.4 Marine pollutants
173.150 Exceptions for Class 3 (flammable and combustible liquids)