{"operation":"document","citation":"04-0059","title":"Professional Emergency Resource Services — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-10-06","effective_on":null,"summary":"04-0059 response to Professional Emergency Resource Services concerning 172.336.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0059.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0059.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0059","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040059.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nResearch and\nOCT 6 2004\n400 Seventh St., S.W.\nWashington, D.C. 20590\nAdministration\nSpecial Programs\nMr. Rich Heylmun\nReference No.: 04-0059\nOperations Manager\nProfessional Emergency Resource Services\nP. O. Box 1560\nOgden, UT 84402-1560\nDear Mr. Heylmun:\nThis responds to your letter requesting clarification of the marking exception for petroleum\ndistillate fuels in § 172.336 under the Hazardous Materials Regulations (HMR; 49 CFR Parts\n171-180). You reference an April 24, 2001 clarification letter, Reference No. 01-0082, and ask\nwhether a cargo tank motor vehicle containing denatured ethanol (95% ethanol and 5% gasoline)\nis eligible for the marking exceptions in § 172.336(c)(4) and (5). I apologize for the delay and\nany inconvenience it may have caused.\nUnder § 173.22, it is the shipper's responsibility to properly classify a hazardous material and\nassign it a proper shipping name from the Hazardous Materials Table (HMT). For a material not\nspecifically identified by name in the HMT, the HMR require that the material be described by\nthe shipping name that \"most appropriately\" describes the material. Based on the information\nprovided, it is our opinion that the appropriate shipping description for your mixture of 95%\nethanol and 5% gasoline is \"Flammable liquid, n.o.s. (Ethanol, Gasoline)\". The high percentage\nof alcohol in this mixture makes it ineligible as a petroleum distillate. Therefore, the cargo tank\ndoes not qualify for the marking exceptions in § 172.336(c)(4) and (5).\nAlso, for your information, we proposed to reinstate the proper shipping name \"Denatured\nalcohol\" in a notice of proposed rulemaking published August 12, 2004 (Docket No. RSPA-04-\n18683 (HM-218C), 69 FR 49846). Additionally, we proposed to add new special provision 172\nfor both \"Denature alcohol, NA 1987\" and \"Alcohols, n.o.s., UN 1987\" to allow solutions of\nalcohol and petroleum products to be described as either \"Denature alcohol\" or \"Alcohols,\nn.o.s.\", provided the solution contains no more than 5% petroleum products.\nI trust this satisfies your request.\nSincerely,\nHithe a mithe ll\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n040059\n172•336\n\n<<<PAGE 2>>>\n\nCorbis\n8|72.336\nMarkinas\n24-Hour Hazmat Emergency\nPERS\n04-0059\nTelephone Response Service\nProfessional Emergency\nResource Services\n1-800-728-2482\nP.O. Box 1560 Ogden, Utah, 84402-1560 • Phone: (801) 629-0667 • Fax: (801) 629-0680 • www.pers-er.com • info@pers-er.com\nMarch 18, 2004\nResearch and Special Programs Administration,\nOffice of Hazardous Materials Standards,\nAttn: DHM-10, U.S. Department of Transportation,\n400 gt Street SW., Washington, DC 20590-0001\nPlease provide an interpretation of the applicability of denatured ethanol, 95% Ethanol\nand 5% Gasoline, shipped as Flammable Liquids n.o.s, tosthe xegulations found in\n§ 172.336 (c) (4) and (5).\nA previous interpretation dated April 24, 2001, Ref. No. 01-0082 is posted on the RSPA\nwould be considered a petroleum distillate fuel. The answer provided in the\nweb-site. The inquirer asked if a fuel containing 80% ethyl alcohol and 20 % petroleum\ninterpretation states \"Petroleum distillate fuel is generally defined to mean a liquid\nmixture of hydrocarbons extracted from petroleum by distillation and is used in many\napplications including fuel. Thus your mixture is eligible for the marking exceptions in\n§ 172.336 (c) (4) or (5).\"\neligible for the marking exceptions in § 172.336 (c) (4) or (5),\" from the statement\nI have failed to understand the conclusion regarding eligibility \"Thus your mixture is\n\"Petroleum distillate fuel is generally defined to mean a liquid mixture of hydrocarbons\nextracted from petroleum by distillation 'and is' used in many applications including fuel\".\ndefend their actions, but the response seems to be more broadly applicable even if not\nA reader may apply this interpretation to the same fuel mixture listed above in order to\nintended to be. I read the interpretation to imply that alčohols generally may be\nconsidered to be liquid petroleum distillate fuels.\ncaic txt :s\nIt is my understanding that petroleum distillates are separated from crude oil by\ndistillation. Ethyl alcohol is obtained from the fermentation of grains and is not derived\ntrom petroleum distillation. Ethyl alcohol has some properties dissimilar to most DOT\nclass 3 petroleum distillates, such as being water-miscible.\nGasohol is specifically named in the regulations found ib § 172.336 (c) (4) and (5)\nliquid petroleum distillate fuel having the lowest flash point. The HM Table, § 172.101\nauthorizing a cargo tank containing gasohol to be marked' with the ID number for the\nauthorizes the proper shipping name \"gasohol\" to describe gasoline containing ethyl\nMai cl\n\n<<<PAGE 3>>>\n\nalcohol, including the use of ID number \"1203\" on the condition that the percentage of\nethyl alcohol may not exceed 20 percent.\ncant b\nThe text of § 172.336 (c) (4) \"if the identification number is displayed for the distillate\nfuel having the lowest flash point.\" differs from the text of § 172.336 (c) (5) \"if the\nlowest flash point\". I am not under the impression that the wording of § 172.336 (c) (4)\nidentification number is displayed for the liguid petroleum distillate fuel having the\nand (5) intends to identify different fuels, but to clarify applicability of the regulation to\ncargo tanks and compartmented cargo tanks.\nhave been able to locate authorizing alcohol (other than gasohol as identified in the HM\nThe interpretation dated April 24, 2001 is the only official document or regulation that I\nmarked as described in § 172.336 (c) (4) or (5). It would be convenient if the previous\nTable) to be shipped as a liquid petroleum distillate fuel, thus making it eligible to be\ninterpretation was sustained, but, without further guidance from your office I have some\nconcerns about applying it to shipments or referring others to use it.\nDue to the increasing domestic shipment of denatured alcohols in cargo tanks\nclarification of this requirement will be greatly appreciated. appreciate your time and\neffort in responding to this request.\n45.\nine iver\nincerel)\n• tanks\napi ca\nRick Heylmul\nPERS\nOperations Mgr.\n800-728-2482\n42 00\n:0N\n10A Sees 920","truncated":false,"body_characters":6284}