TNT Logistics North America — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington, D.C. 20590 400 Seventh St., S.W. FEB 26 2003 Mr. Michael J. Marino Senior Attorney Reference No. 03-0010 TNT Logistics North America 10751 Deerwood Park Boulevard, Suite 200 Jacksonville, FL 32256 Dear Mr. Marino: my staff concerning the shipment via motor carrier of individual fuel nozzles that have been This is in response to your January 15, 2003 letter and telephone conversation with a member of drained but could contain a residual amount of diesel fuel. The material safety data sheet you subsequently submitted states the diesel fuel has a flash point of 125 °F and meets the definition for a Class 3 (flammable) material. You asked if the fuel nozzles that are in sealed plastic bags (HMR; 49 CFR Parts 171-180). and packed in non-bulk fiberboard boxes are excepted from the Hazardous Materials Regulations 38 °C (100 °F) that does not meet the definition of any other hazard class may be reclassed as a The answer is yes. As you are aware, a flammable liquid (Class 3) with a flash point at or above combustible liquid (see § 173.120(b)(2)). Under § 173.150(f)(2), a combustible liquid, that is not a hazardous substance, hazardous waste, or a marine pollutant and is packaged in a non-bulk packaging, i.e., a packaging having a liquid capacity of 450 L (119 gallons) or less, is not subject to the requirements contained in the HMR. I hope this satisfies your request. Sincerely, Hatle z Michell Hattie L. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards 173.150 (f) (2), 173.120(6)12) 030010#

Page 2JAN 15 2003: 17:09 FR CTI LEGAL DEPARTMENT 9049961220 TO 912023663012 P.02/03 30. Edmonson $173.150 TOD • Michael J. Marino - Senior Attorney 03-0010 10751 Deerwood Park Boulevard, Suite 200. E3543 Jacksonville, Florida, 32256: Phone: (904) 996-1925 Fax: (904) 996-1220: VIA FACSIMILE January 15, 2003 Ed Mazzullo United States Department of Transportation - RSPA 407% St. SW Office of Hazardous Materials Standards Washington, DC 20590 Fax: (202) 366-3012 Re: 40 CFR § 173.150 - Exceptions for Combustible Liquids Dear Mr. Mazzullo manager received from Debbie on your staff earlier today. The purpose of this letter is to confirm an interpretation that my safety According to 49 CFR § 173.150(f)(2), "the requirements in this subchapter do not apply to a material classed as a combustible liquid in a non-bulk packaging. marine pollutant." Our company ships via motor carrier individual fuel nozzles that unless the combustible liquid is a hazardous substance, a hazardous waste, or.a.. is not a hazardous substance, hazardous waste, or a marine pollutant. In addition, ; could contain a residual amount of diesel fuel. Our understanding is that diesel fuel aur, shipment of fuel nozzles is in non-bulk packaging. Thus, the only remaining 173.150.- question is whether diesel fuel qualifies as a combustible liquid pursuant to § - In my conversation with Debbie, she informed me that pursuant to § " • circumstances, therefore, diesel fuel shipped via motor carrier in non-bulk packaging 173.120(b)(2), diese) fuel can be reclassified as a combustible liquid. Under those. should be exempt from the regulations relating to transportation (i.e., the "requirements in this subchapter"). •... ::10:#

Page 3JAN 15 :2003 17:Ø9 FR CTI LEGĄL DEPARTMENT; 9049961220 TO 912023663012 :%: Please respond at your earliest convenience, in writing via faosimile at (904) 996-1220, to confirm the interpretation provided by Debbie to my safety manager. earlier today. I look forward to hearing from you ¿Sincerely, Michaef Manno "Michael J. Marino#