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Interpretation Response #17-0093

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

Interpretation Response Details

Response Publish Date: 03-30-2018
Company Name: Texas Highway Patrol    Individual Name: David Alvarado
Location state: TX    Country: US

View the Interpretation Document

Response text:

David Alvarado
Texas Highway Patrol
5805 Guadalupe Street
Building N-1
Austin, TX 78752

Reference No. 17-0093

Dear Mr. Alvarado:

This letter is in response to your August 24, 2017, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to Special Provision B1 as it relates to “UN 1863, Fuel, aviation, turbine engine, 3, III” and a previous interpretation letter, 17-0012.

We have paraphrased and answered your questions as follows:

Q1. You ask if the shipper is required to reclassify the material as "NA 1993, Combustible liquid, n.o.s. (Jet-A Fuel) III" for communication purposes if Special Provision B1 applies.

A1. The answer is no. Special Provision B1 does not require material to be reclassified.  The material may be reclassified to a combustible liquid under the provisions of § 173.150(f) if desired.

Q2. You ask if the shipper could use the description "UN 1863, Fuel, aviation, turbine engine, (Jet-A Fuel), 3, III" and transport the material in a non-DOT specification package in accordance with § 173.241 if Special Provision B1 applies.

The answer is yes. If the material has a flashpoint between 38 °C and 93 °C, then it may be transported under § 173.241. The material does not have to be reclassified as a combustible liquid.

Q3. You ask how the shipper should communicate the flash point of the material to indicate that it is within the limits of Special Provision B1 to allow packaging under § 173.241.

A3. In accordance with § 173.22, it is the shipper's responsibility to properly classify a hazardous material. If the material is reclassified and shipped in a bulk packaging, then it is still subject to shipping paper requirements and should be described as a combustible liquid. If the material is not reclassified, then a Safety Data Sheet (SDS) containing results from one of the authorized tests (see § 173.120(c)) can be used to confirm a material's flash point is within the prescribed range. It should be noted that under the HMR, SDSs are not required to be included with a shipment of hazardous materials. The requirements for SDSs are promulgated by the Occupational Safety and Health Administration and can be found in 29 CFR 1910.1200.

In addition, letter of interpretation 17-0012 will be reissued to include reference to the Special Provision.

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

Regulation Sections

Section Subject
§ 173.241 Bulk packagings for certain low hazard liquid and solid materials