# HAZSource, Inc — Hazardous Materials Safety Interpretation

- **operation:** document
- **citation:** 02-0194
- **title:** HAZSource, Inc — Hazardous Materials Safety Interpretation
- **source type:** guidance
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** guidance
- **official:** true
- **published on:** 2002-11-08
- **effective on:** Not available
- **summary:** 02-0194 response to HAZSource, Inc concerning 173.150.
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-interpretation-02-0194.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-interpretation-02-0194.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-interpretation-02-0194
- **source url:** https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020194.pdf
**body:**

<<<PAGE 1>>>

U.S. Department
of Transportation
400 Seventh St., S.W.
Washington, D.C. 20590
special Programs
Research and
Administration
NOV - 8 2002
Mr. Mike Williams
HAZSource, Inc.
Ref. No. 02-0194
6307 East 96th
Street
Tulsa, OK 74137
Dear Mr. Williams:
This is, in response to your July 19, 2002 letter and subsequent
telephone
clarification under the Hazardous Materials Regulations. (HMR; 49 CFR
conversation with Sandra
webb,..of
my staff requesting
for your material
Parts 171-180). Specifically, you ask if the proper shipping
should
be "Dangerous Goods in Apparatus" or
name
"Combustible liquid, n.o.s.."
You
state
that the
flammable liquid and has a flash point of 110 degrees Fahrenheit.
material contained within the apparatus is
In
the
apparatus is being
telephone
conversation with Ms:
• transported' in a non-bulk packaging via ground
Webb,
you stated the
and contains only the residue of the material and it does not meet
the definition of any other hazard class.
of 38°C (100° F) or higher that does not meet the definition of any
As provided in $ 173.150(f), a flammable liquid with a flash point
other hazard class may be reclassed as a combustible liquid. This
except
provision does not apply to transportation by vessel or aircraft,
where
other means of
transportation is impracticable.
Therefore, a combustible liquid transported in a non-bulk packaging
that is
pollutant is not subject to the HMR.
not a hazardous substance, a hazardous waste, or
a marine
I apologize for any misunderstanding and any inconvenience this may
have cause you. Please contact this office if you need
assistance.
additional
Sincerely,
Chief, Standards Development
Delmer Billings
Office of Hazardous Materials
Standards
173.150
020194

<<<PAGE 2>>>

FROM : HAZsourse
FAX NO. : 9184917530
Jul. 22 2002 12:01PM P2
source
hazmat complianae solutions
July 19,2002
Webb
6307 Eost 96th Street
Hazsource, Inc.
Tulsa, OK 74137
$173.222
Toll Free: 866-491-7530
Local: 918-491-7530
U.S. Department of Transportation
To: Edward Mazzullo
Fax: 918-524-4294
Proper Shipping Name
From: Mike Williams
Hazsource Inc.
02-0194
Mr.: Mazzullo,
Apparatus. I have been instructing my clients to ship these items as the mentioned above
I have questions pertaining to the proper shipping of Dangerous Goods in
attention that it is possible to reclassify this as a combustible liquid and ship it not
proper shipping name regardless of the mode of shipping. It has been brought to my
regulated via ground. (The flash point for the material contained in this apparatus is 110
degrees.)
This made perfect since, but, I wanted a ruling from DOT before instructing
a summary of the discussions:
clients. I spoke to two different DOT people and received conflicting information, here's
1) Person number 1 said if the proper shipping name is Dangerous Goods in
Apparatus, There are no exceptions and could not be reclassified as a combustible
would be a violation and exposing the client to costly fines.
liquid. He also indicated that if this was found, that someone did reclassify, it
2) Person number 2 said, since the Dangerous Goods in Apparatus contains a
flammable liquid with a flash point of 110 degrees, we no longer call it
highway and now it is not regulated.
Dangerous Goods in Apparatus, reclassify it as a combustible liquid, ship it via
You can see my concern with this situation. I want to convey the most accurate
information to my client and need to receive a letter that addresses this situation.
Thank you for your immediate attention to this matter.
Sincerely,
•Mike Williams
HAZsource, Ino.
918-491-7530
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