W.M. Barr & Company Inc. — Hazardous Materials Safety Interpretation

Page 1or ransporation Washington, D.C. 20590 400 Seventh St., S.W. Research and Administrations FEB 2 0 2002 Mr. John Ghio Ref. No. 01-0268 W.M. Barr & Company Inc. P.O. Box 1879 Memphis, Tennessee 38101 Dear Mr. Ghio: This responds to your letter regarding the classification of kerosene, having a flash point of 105°F, in a five gallon can (UN 1A1/Y1.2/100), that is transported by vessel to Alaska in accordance with the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). As provided in § 173.120(b), a flammable liquid with a flash point at or above 38°C (100°F) that does not meet the definition of any other hazard class, may be reclassed as a combustible liquid. You did not provide specifics on whether other means of transporting non-bulk packagings of kerosene to Alaska are practicable. Although our letter of December 27, 2000, enclosed with your letter, specifically addressed the definition of the term "impracticable" as used in § 175.85, we also apply that definition to the term "impracticable" as used in § 173.150(Đ(1). Specifically, "impracticable" means that transportation is not physically possible, or cannot be performed by routine and frequent means of other transportation due to extenuating circumstances. Extenuating circumstances include conditions that preclude highway transportation, such as road closures due to catastrophic weather or volcanic activity, or a declared state of emergency. If routine and frequent highway shipments of kerosene are possible, it must be classed as a flammable liquid when shipped and transported by vessel. I hope this satisfies your inquiry. If we can be of further assistance, please contact us. Sincerely, Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards 173.150 010268 ..::#

Page 210/12/01 08: 29 FAX 9017758704 W M BARR 0002 & 3915m WMBARR P.O. Box 1879 W.M. BARR & COMPANY INC classification An Employee-Owned Company Memphis, Tennessee 38101 Phone (901) 775-0100 DOT Research and Special Programs Mi. Edward Mazzullo Washington, D.C. Dear Mr. Mazzullo: Please clarify the classification of the following material. 5 gallon can (UN 1A1/Y1.2/100) of Kerosene with a flash point of 105°F. This product is being shipped by vessel to Alaska. not marking, labeling, placarding and describing the product as hazardous on the bill of lading WIM. Barr is classifying the Kerosene as a combustible Liquid under 173.150 (P) (1) and presently we are Thic fax from your office dated 9127/2001 is enclosed, as we tried to classify this product. What is the correct classification for our product? Thank You John Ghio 10/12|01 WIM. Barr & Co. MANUFACTURING LOCATIONS Memphis, Tennessee Ontario, Celifornia#