Interpretation Response #16-0094 ([Edmundo B. Fernandez, Inc.] [Ms. Monica Fernandez])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Edmundo B. Fernandez, Inc.
Individual Name: Ms. Monica Fernandez
Country: US
View the Interpretation Document
Response text:
Mónica Fernández
Edmundo B. Fernández, Inc.
P.O. Box 368
Bayamón, PR 00960-0368
Reference No. 16-0094
Dear Ms. Fernández:
This letter is in response to your May 30, 2016, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to alcoholic beverages. Your questions are paraphrased and answered as follows:
Q1. You ask whether alcoholic beverages utilizing the exception in § 173.150(d) are considered a hazardous material for vessel transportation and, therefore, require the associated hazardous materials fee.
A1. The HMR apply to the shipment and transportation of hazardous materials in commerce. Alcoholic beverages are Class 3 flammable liquids and are subject to the HMR when shipped and transported in commerce. However, § 173.150(d) states that alcoholic beverages are excepted from the requirements in Subchapter C of the 49 CFR provided the conditions of the exception are met.
Hazmat handling fees are neither mandated nor regulated by the HMR. The Pipeline and Hazardous Materials Safety Administration (PHMSA) does not have jurisdiction over shipping charges imposed by carriers and cannot provide any relief from such fees.
Q2. You ask whether 86 proof rum containing 43% alcohol packaged in 750 ml bottles, with 12 bottles to a case, may utilize the exception in § 173.150(d)(1) for vessel transportation if all three conditions of paragraph (d)(1) are not met.
A2. For transportation by motor vehicle, rail, or vessel, § 173.150(d)(1) excepts an alcoholic beverage (as defined in 27 CFR 4.10 and 5.11) from all requirements of this subchapter if it meets any one of the following conditions: (1) contains 24% or less alcohol by volume; (2) is in an inner packaging of 5 L (1.3 gallons) or less; or (3) is a Packing Group III alcoholic beverage in a packaging of 250 L (66 gallons) or less.
Q3. You ask whether alcoholic beverages meeting the exception in § 173.150(d)(1) require additional hazardous materials communication.
A3. The answer is no. When transporting or offering for transportation a material that is not subject to the requirements of the subchapter, a shipper or carrier is not obligated to comply with the HMR beyond specific applicable provisions. For example, when you meet one of the three exceptions listed in § 173.150(d)(1), none of the other provisions of the HMR apply for transportation by rail, highway, or vessel.
Q4. You ask when the exception in § 173.150(d) was created.
A4. The HMR have included exceptions for alcoholic beverages in containers not exceeding one gallon since the 1970s. The exception for alcoholic beverages moved to
§ 173.150(d) before October 1, 1991. However, these provisions have undergone several revisions to better harmonize with the international regulations. On December 29, 1994, a final rule entitled, “Implementation of the United Nations Recommendations, IMDG Code, and ICAO Technical Instructions,” published in the Federal Register under Docket No. HM-215A amended the exception to include alcoholic beverages in packages not exceeding 5 liters [59 FR 36488]. On March 11, 2013, a final rule entitled, “Hazardous Materials: Miscellaneous Amendments (RRR),” published in the Federal Register under Docket No. PHMSA-2011-0138 (HM-218G) separated the requirements for aircraft from the requirements for highway, rail, and vessel to better harmonize with the International Civil Aviation Organization Technical Instructions (ICAO TI)[78 FR 15303].
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