Interpretation Response #15-0187R ([Florida Highway Patrol] [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 Patrol
Individual Name: Lieutenant Bryan Gay
Location State: FL Country: US
View the Interpretation Document
Response text:
December 21, 2016
Lieutenant Bryan Gay
Florida Highway Patrol
6030 County Road 2321
Panama City, FL 32404
Reference No. 15-0187R
Dear Lieutenant Gay:
This letter is a response to your September 14, 2015, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the shipping description of diesel fuel reclassified as a “combustible liquid.” This letter is an additional clarification revision to interpretation letter 15-0187 published on February 8, 2016. In your original incoming letter, you note that § 172.202(a)(3)(ii) states the hazard class need not be included for the entry “Combustible liquid, n.o.s.” You further list two proper shipping descriptions for diesel fuel reclassified as a combustible liquid:
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) and which of the previously-listed shipping descriptions is correct.
For additional clarification, in accordance with § 172.202(a)(3)(ii) of the HMR, the hazard class need not be included for the entry “Combustible liquid, n.o.s.” While this exception is specific only to the “Combustible liquid n.o.s.” shipping description, § 172.101(d)(4) specifies that a Class 3 material can be modified to read “combustible liquid” when that material is reclassified in accordance with § 173.150(e) or (f).
Further, using the listing provided, shipping description number 1 would be appropriate for diesel fuel reclassified as a combustible liquid. It should be noted that “UN1202, Diesel Fuel, Combustible liquid, PG III” may also be used as an alternative description.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
172.202(a)(3)(ii), 172.101(d)(4), 173.150(e) or (f)