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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 #17-0066

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

Interpretation Response Details

Response Publish Date:

Company Name: Tyco Fire Protection Products

Individual Name: Ms Kym Seth

Location State: WI Country: US

View the Interpretation Document

Response text:

November 16, 2017
Kym Seth
Manager, Hazard Communications & Product Stewardship
Tyco Fire Protection Products
2700 Industrial Parkway South
Marinette, WI  54143
Reference No. 17-0066
Dear Ms. Seth:
This letter is in response to your June 13, 2017, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to classification.  You describe your material as a highly-concentrated, water-based surfactant solution with a flash point of 23 °C and a boiling point of greater than 100 °C, which is not capable of sustaining combustion.  Specifically, you ask if the material is considered a Class 3 flammable liquid under the HMR.  
As specified in § 173.22 of the HMR, it is the shipper’s responsibility to properly class and package a hazardous material.  This Office does not normally perform this function.  The HMR define a flammable liquid as having a flash point of not more than 60 °C.  Per § 173.120(a)(3), for your material to be exempted from classification as a Class 3 material, it must have a flash point of greater than 35 °C.  Since your material does not have a flash point of greater than 35 °C, it is the opinion of this Office that the material in question is a Class 3 flammable liquid.       
If experience or other data indicate that the hazard of flammable liquid or combustible liquid material is greater or less than indicated by the criteria specified in § 173.120(a) or (b), the Associate Administrator of Hazardous Materials Safety may revise the classification or make the material subject or not subject to the requirements of the HMR (see § 173.120(d)).
I hope this information is helpful.  Please contact us if we can be of further assistance.
T. Glenn Foster
Chief, Regulatory Review and Reinvention
Standards and Rulemaking Division
173.22, 173.120(a)(3), 173.120(a) or (b), 173.120(d)

Regulation Sections

Section Subject
173.120 Class 3-Definitions
173.22 Shipper's responsibility