# Tempu Marketing, Inc. — Hazardous Materials Safety Interpretation

- **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:** Not available
- **summary:** 03-0052 response to Tempu Marketing, Inc. concerning 173.150.
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- **source url:** https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030052.pdf
**body:**

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U.S. Department
of Transportation
00 Seventh St., S.V
Special Programs
Research and
Vashington, D.C. 2059
Administration
JUL 7 2003
Ms. Toi Phillips
Production Manager
Ref. No. 03-0052
Tempu Marketing, Inc.
26 West 17'h Street
New York City, NY 10011
This is in response to your letter dated February 18, 2003, requesting clarification on the
applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- 180) to the
transportation of combustible liquids. Specifically, you ask whether your material, which has a
flash point of 45 °C (113° F) and packaged in inner receptacles between 0.0704 and 16 fluid
ounces meets the combustible liquid exception criteria in §173.150(f) for non-bulk packaging.
A flammable liquid with a flash point of 38 °C (100 °F) or higher that does not meet the definition
of any other hazard class may be reclassed as a combustible liquid as provided by §173.150(f). This
exception is for domestic transportation and does not apply to transportation by vessel or aircraft,
except where other means of transportation is impracticable. A material that is reclassed as a
combustible liquid and that is transported in a non-bulk packaging is not subject to the HMR unless
it is a hazardous substance, a hazardous waste, or a marine pollutant. (A non-bulk packaging, as
defined in § 171.8 of the HMR, is a packaging with a maximum capacity of 450L (119 gallons) or
less.) You are correct that, provided the criteria in § 173.150(f) are met, you may ship your
product with no special packagings, markings, or documentation. If your product is a combustible
liquid that is also a hazardous substance, a hazardous waste, or a marine pollutant, it is subject the
requirements outlined in § 173.150(f)(3)(i) through (vii). In either case, the exception provided in
§ 173.150(f) requires no special approval or written authorization.
I hope this information is helpful. If we can be of further assistance, please do not hesitate to
contact us.
Sincerely,
Shan Make
Senior Regulations Specialist
Office of Hazardous Materials Standards
173.150 (f)
030052

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webO
8113.150 (f)(1)
18 February 2003
TE
Exceptions
Helen Engrum
03-0052
MP
U.S. Department of Transportation
Research and Special Programs Administration
400 7" Street, S.W.
Office of Hazardous Materials Satety
TU
Washington, DC 20590
Re: Exceptions for Class 3 Tammable) and combustible liquids
Dear Ms Engrum
Thank you for taking the time fo speak with me by telephone last Friday. Your
information was helpful just wish to clarify a few points of our discussion.
In reference to an Isopropano based Class 3 Flammable Liquid with a flash point
of. 45° C (113°F). Part 173.150(1)(1) says that it shipped by truck or rail in nons
bulk quantities (my notations showayou said 119 gallons orless) this materials
may be reclassed as a combustible liquid. Following that, Rart 173:150(f) (2)
says. that Subchapter C Hazardous Materials Regulations do not apply to a
material classed as a combustible liquid in non-buik packaging;
rail in an inner packaging of between 0704 luid ounce and 16 fluid ounces in:
For our purposes, take this to mean that we may ship our material by truck or
size with no special closures cartons, markings, paperwork or documentation.
Furthermore, we do not need any special approval from the D.O.T. to ship the
material in this way Is this correct?
Lam also curious as to where your quantity of 119 gallons comes from, as i didi
packaging that may be reclassed a non-buik combustible liquid? What is the
not see it in the specific regulations referenced. What is the largest size inner
largest overall package that may be reclassed a non-bulk combustible liquid?
Where do I find this information in the regulations?
Your Clarification of these points would be appreciated:
Yours trul
Toi Phillips
Production Manager
Temptu Marketing not 26 West, 17th Street NYC 10011 • tel, 212:675.4000 • tax. 212.675.4075 • web.www.temptu.com
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