Briggs & Stratton — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh St., S.W. Research and Special Programs Administration OCT 28 2004 Mr. John Mourand Ref. No. 04-0074 Environmental Manager Briggs & Stratton P.O. Box 702 Milwaukee, WI 53201-0702 Dear Mr. Mourand: This responds to your letter and our telephone conversation regarding the classification of your product under the Hazardous Materials Regulations (49 CFR Parts 171-180). Specifically, you ask what regulatory requirements apply to your product, a fuel stabilizer that is both a combustible liquid with a flash point of 68 °C (155 °F) and a marine pollutant. Your product is packaged in non-bulk packaging and is offered for transportation by motor vehicle, rail car, and internationally by vessel. I apologize for the delay in responding and any inconvenience it may have caused. In accordance with § 171.4 of the HMR, the requirements of the HMR applicable to marine pollutants do not apply to a marine pollutant in a non-bulk packaging transported by motor vehicle, rail car, or aircraft. Further, a material classed as a combustible liquid in accordance with § 173.150 of the HMR is excepted from the HMR when transported by motor vehicle or rail car (see § 173.150 (f) (2) and (f) (3)). Thus, for transportation by highway or rail, a combustible liquid is not subject to the HMR when offered even if the combustible liquid also meets the definition or transported in a non-bulk packaging, for a marine pollutant. In accordance with § 173.120 (b) (2), for transportation by vessel, a liquid with a flash point above 60.5 °C (141 °F) that contains the marine pollutant di-tert-butylphenol would be described as "Environmentally hazardous UN3082, III, Marine Pollutant" when offered for substances, liquid, n.o.s. (di-tert-butylphenol), Class 9, international transportation by vessel in a non-bulk packaging. Also note that § 171.12 authorizes use of the §191.4 040074 171.12#

Page 2International Maritime Dangerous Goods Code when transporting the hazardous materials by vessel. I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 3stevens §111.4 REQUESTING FORMAL INTERPRETATION: John Mourand Requestor: $171.12 Environmental Manager Manne Pollutants P.O. Box 702 Briggs & Stratton Milwaukee, WI 53201-0702 Phone # (414)256-5181 Impert -Export Question #1. On the applicable requirements of shipping the fuel stabilizer by ground. After a 04-0074 further discussion with Mr. Arthur Pollack this morning, it is our understanding that our material (combustible liquid, non-bulk packaging) which contains a marine pollutant (di-tert-butylphenol), would be excepted from the requirements of 49 CFR 100-185 provided the material is transported by motor vehicles, rail cars or aircraft per 171.4. our understanding that if the material is to be shipped by vessel, that the material be handled Question #2.. On the applicable DOT requirements of shipping the fuel stabilizer by vessel. It is butylphenol), UN3082. It is our understanding that this product (volume of plastic bottle is 8 as a Class 9, Environmentally Hazardous Substances Liquid, n.o.s. (di-tert- milliliters) can be shipped as a limited quantity per 173.155, and if packaged with a lawn mower Provided the inner package and overpack are appropriately marked with the words, must have an inner package to contain the bottle of stabilizer and be handled as an overpack. quantity". It is our understanding that we would be exempt from specification packaging as well "Environmentally Hazardous Substances Liquid, n.o.s. (di-tert-butylphenol), UN3082, Limited as the requirements of labelling. However, it is our understanding that shipping papers would need to be used for vessel shipment. If you have any questions, please contact me at the phone number above, we look forward to your response. Regards, John Mourand#