{"operation":"document","citation":"03-0308","title":"Mr. Frank Brockmann — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-12-12","effective_on":null,"summary":"03-0308 concerning 173.173.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0308.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0308.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0308","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030308.pdf","body":"<<<PAGE 1>>>\n\nf Transportatio\n.S. Depanmen\nVashington, D.C. 2059\n00 Seventh St., S.V\nResearch and\nSpecial Programs\nAdministration\nDEC 1 2 2003\nMr. Frank Bruckmann\nRef. No. 03-0308\n418 West Rock Avenue\nNew Haven, CT 06515\nDear Mr. Bruckmann:\nThis is in response to your letter dated November 25, 2003 and corresponding interaction with Ben\n446°F (230°C) is regulated under the Hazardous Materials Regulations (HMR: 49 CFR Parts 171-\nSupko, requesting clarification on whether your Windsor and Newton oil paint with a flashpoint of\n180). Specifically, you would like a letter confirming your conclusions that these materials are not\nhazardous and therefore should not be confiscated at the gate by Transportation Security\nAdministration (TSA) officials when boarding an aircraft.\nUnder § 173.22 of the HMR, it is the shipper's responsibility to properly classify a hazardous material.\nThis office generally does not perform this function. However, according to the information you have\nprovided, we agree that these oil paints do not meet the criteria found in § 173.120 for flammable or\ncombustible liquids. Further, from your conversation with Mr. Supko and after viewing the Materials\nSafety Data Sheets for the paints, we do not believe that they meet any of the hazard classes defined in\nPart 173 of the HMR. From the information you have provided, it is our opinion that these paints\nshould not be classified as hazardous materials.\nThe Transportation Security Administration (TSA), the agency responsible for security in all modes of\ntransportation, including civil aviation, has the authority to restrict passengers from carrying materials\nperceived as security threats. Therefore, TSA officials may confiscate materials that they believe to be\nsecurity risks even if the materials are not classified as hazardous under the HMR. To be sure that your\npaints will not be confiscated, you should conțact TSA prior to your trip.\nI hope this satisfies your request.\nSincerely,\nViva\nEmay\nSusan Gorsky\nSenior Transportation Regulations Specialist\nOffice of Hazardous Materials Standards\n173.173\n030308\n\n<<<PAGE 2>>>\n\nsupke.\n$/73.173\nEdward Mazzullo\nDirector of OHMS\nUS DOT/RSPA (dhm-10)\nPaint\n400 7th Street SW\nWashington, DC 20590\n03-0308\nNovember 25, 2003\nDear Mr. Mazzullo:\nAs a professional artist and oil painter, I would like to take my\n01l paints with me on a flight to the French West Indies over the\nDepartment, they have made it clear that while oil paints are\nchristmas holidays. After speaking to the ISA, and the faz Mats\nneither on the lists of being permissible nor prohibited, they are\ndepending on the person checking baggage. I fully understand that\nsometimes confiscated at the gate upon boarding the aircraft,\nsolvents are not allowed and definitely will not be bringing them.\nI was then recommended to contact you, because I understand that\nyou could supply me with a letter that would allow me to travel\nwith my oil paints, and I would be able to work with them when\nreaching our destination. Would you please send this documentation\nto me at the following address:\nFrank Bruckmann\n418 West Rock Avenue\nor Email:\nfbruckmann@earthlink.net\nNew Haven, CT 06515\nBecause having the oil paints is so important to me, I was hoping\nrisk their potential loss.\nto get some sort of documentation from you, so I wouldn't have to\nAttached you will find some information about the oil paints\nand returning December 30th.\nthemselves. My Flight is just before Christmas, on December 22nd,\nIf you need further information,\nne at fbruckmann@earthlink.net I hope there is enough time to take\nFlight numbers or times, please call me at (203) 389-5865 or email\ncare of this.\nThank you in advance for your cooperation.\nSincerely,\nFrank Bruckmann\n\n<<<PAGE 3>>>\n\nMANSOR O\nArtists\n: Pigment: Cadmium 2\nSulphide PY35\nOil Colour\nVehicle: Safflower O\nCadmium\nASIm D 4236\nConferms to\nYellow\n6005e\nWARNING: DU NOT SPRAY\nPermanence A\n108%\nAPPLY. This preduct contains\ncamium, a chemical known\nSeries 4\nto the Stale of Califomia to\nJaune de Cadmium\ncause cancer by aneans of\ninhalation.\nAmarillo de Cadme\nKadmiumgelb\nGiallo di cadmio\n120 ml e\n1230 108\n4 U.S.fl.oz\nLondon HA3 5RH. Tel: 0181-421\nMade in England by Winsor aH","truncated":false,"body_characters":4211}