{"operation":"document","citation":"03-0052","title":"Tempu Marketing, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-07-07","effective_on":null,"summary":"03-0052 response to Tempu Marketing, Inc. concerning 173.150.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0052.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0052.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0052","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030052.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n00 Seventh St., S.V\nSpecial Programs\nResearch and\nVashington, D.C. 2059\nAdministration\nJUL 7 2003\nMs. Toi Phillips\nProduction Manager\nRef. No. 03-0052\nTempu Marketing, Inc.\n26 West 17'h Street\nNew York City, NY 10011\nThis is in response to your letter dated February 18, 2003, requesting clarification on the\napplicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- 180) to the\ntransportation of combustible liquids. Specifically, you ask whether your material, which has a\nflash point of 45 °C (113° F) and packaged in inner receptacles between 0.0704 and 16 fluid\nounces meets the combustible liquid exception criteria in §173.150(f) for non-bulk packaging.\nA flammable liquid with a flash point of 38 °C (100 °F) or higher that does not meet the definition\nof any other hazard class may be reclassed as a combustible liquid as provided by §173.150(f). This\nexception is for domestic transportation and does not apply to transportation by vessel or aircraft,\nexcept where other means of transportation is impracticable. A material that is reclassed as a\ncombustible liquid and that is transported in a non-bulk packaging is not subject to the HMR unless\nit is a hazardous substance, a hazardous waste, or a marine pollutant. (A non-bulk packaging, as\ndefined in § 171.8 of the HMR, is a packaging with a maximum capacity of 450L (119 gallons) or\nless.) You are correct that, provided the criteria in § 173.150(f) are met, you may ship your\nproduct with no special packagings, markings, or documentation. If your product is a combustible\nliquid that is also a hazardous substance, a hazardous waste, or a marine pollutant, it is subject the\nrequirements outlined in § 173.150(f)(3)(i) through (vii). In either case, the exception provided in\n§ 173.150(f) requires no special approval or written authorization.\nI hope this information is helpful. If we can be of further assistance, please do not hesitate to\ncontact us.\nSincerely,\nShan Make\nSenior Regulations Specialist\nOffice of Hazardous Materials Standards\n173.150 (f)\n030052\n\n<<<PAGE 2>>>\n\nwebO\n8113.150 (f)(1)\n18 February 2003\nTE\nExceptions\nHelen Engrum\n03-0052\nMP\nU.S. Department of Transportation\nResearch and Special Programs Administration\n400 7\" Street, S.W.\nOffice of Hazardous Materials Satety\nTU\nWashington, DC 20590\nRe: Exceptions for Class 3 Tammable) and combustible liquids\nDear Ms Engrum\nThank you for taking the time fo speak with me by telephone last Friday. Your\ninformation was helpful just wish to clarify a few points of our discussion.\nIn reference to an Isopropano based Class 3 Flammable Liquid with a flash point\nof. 45° C (113°F). Part 173.150(1)(1) says that it shipped by truck or rail in nons\nbulk quantities (my notations showayou said 119 gallons orless) this materials\nmay be reclassed as a combustible liquid. Following that, Rart 173:150(f) (2)\nsays. that Subchapter C Hazardous Materials Regulations do not apply to a\nmaterial classed as a combustible liquid in non-buik packaging;\nrail in an inner packaging of between 0704 luid ounce and 16 fluid ounces in:\nFor our purposes, take this to mean that we may ship our material by truck or\nsize with no special closures cartons, markings, paperwork or documentation.\nFurthermore, we do not need any special approval from the D.O.T. to ship the\nmaterial in this way Is this correct?\nLam also curious as to where your quantity of 119 gallons comes from, as i didi\npackaging that may be reclassed a non-buik combustible liquid? What is the\nnot see it in the specific regulations referenced. What is the largest size inner\nlargest overall package that may be reclassed a non-bulk combustible liquid?\nWhere do I find this information in the regulations?\nYour Clarification of these points would be appreciated:\nYours trul\nToi Phillips\nProduction Manager\nTemptu Marketing not 26 West, 17th Street NYC 10011 • tel, 212:675.4000 • tax. 212.675.4075 • web.www.temptu.com","truncated":false,"body_characters":3967}