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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #15-0187 ([Florida Highway Congrol] [Lieutenant Bryan Gay])

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

Interpretation Response Details

Response Publish Date:

Company Name: Florida Highway Congrol

Individual Name: Lieutenant Bryan Gay

Location State: FL Country: US

View the Interpretation Document

Response text:

February 8, 2016

Lieutenant Bryan Gay
Florida Highway Patrol
6030 County Road 2321
Panama City, FL  32404

Ref. No. 15-0187

Dear Lt. Gay:

This responds to your September 14, 2015 request for clarification pertaining to the shipping description of diesel fuel reclassified as a “combustible liquid” under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  In your letter, you note that § 172.202(a)(3)(ii) of the HMR states that hazard class need not be included for the entry “Combustible liquid, n.o.s.”  In your letter, you also list two proper shipping descriptions for diesel fuel reclassified as a combustible liquid as:

1) NA1993, Diesel Fuel, Combustible liquid, PG III

2) NA1993, Combustible Liquid n.o.s. (diesel fuel), Combustible liquid, PG III

You ask if the shipping description “NA1993, Combustible liquid n.o.s.” must be used when taking the exception in § 172.202(a)(3)(ii).  You also ask which of the above shipping descriptions is correct?

The answer to your first question is yes.  As specified in § 172.202(a)(3)(ii) of the HMR, the hazard class need not be included for the specific entry “Combustible liquid, n.o.s.”  This exception is specific only to the “Combustible liquid n.o.s.” shipping description.  Therefore, “NA1993, Combustible liquid n.o.s., PG III” would be the shipping description.  In regard to your second question, shipping description number 2 would be appropriate for diesel fuel reclassified as a combustible liquid.

I hope this satisfies your request.

Sincerely,

T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
172.202(a)(3)(ii)

Regulation Sections

Section Subject
172.202 Description of hazardous material on shipping papers