{"operation":"document","citation":"04-0212","title":"Transportation Development Group — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-11-17","effective_on":null,"summary":"04-0212 response to Transportation Development Group concerning 173.150.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0212.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0212.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0212","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040212.pdf","body":"<<<PAGE 1>>>\n\nTransportatio\nS. Departmer\n400 Seventh St., S.W.\nWash ngton, D.C. 20590\nNOV 17 2004\nMr. Jim Powell, President\nRef. No.: 04-0212\n415 Dairy Road\nTransportatic Development Group\nPMB E234\nKahului, HI 96732\nDear Mr. Powell:\nThis responds to your letter dated September 10, 2004, concerning the transportation of\ncombustible liquids under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nSpecifically, you ask about the transportation of \"Perfumery products, UN 1256\" that are classed\nas combustib e liquids under § 173.150(f)(1) of the HMR and the circumstances under which\nsuch combustible liquids may be transported by vessel or aircraft.\nUnder § 173.150(f) of the HMR, a flammable liquid with a flashpoint at or above 38°C (100°F)\nthat does not meet the definition of any other hazard class may be reclassed as a combustible\nliquid. This provision does not apply to transportation by vessel or aircraft, except where other\nmeans of transportation is impracticable. A material classed as a combustible liquid (e.g.,\n\"Perfumery products, UN 1266\") in a non-bulk packaging (e.g., a box of 120 ml bottles) that is\nnot a hazardous substance, hazardous waste, or marine pollutant is not subject to the HMR. For\ntransportation by aircraft or vessel, a flammable liquid with a flashpoint above 60.5°C (141°F) is\nnot regulated, provided it meets no other hazard class. (see §§ 173.120(a)(2), (b)(2), and\n173.150(f)(1)).\nFor purposes of § 173.150(f), the term \"impracticable\" means that transportation is not physically\npossible or cannot be performed by routine or frequent means of transportation because of\nextenuating circumstances. For inter-island transportation or for transportation between the\ncontinental United States and Hawaii, transportation by a mode other than vessel or aircraft is not\na combustible liquid by vessel or aircraft between islands or between Hawaii and the continental\nphysically possible; thus, under the HMR, you may use the exception in § 173.150(f) to transport\nUnited States. No prior arrangement or authorization from DOT is required for such\ntransportation.\nAs you indicate in your letter, neither the International Civil Aviation Organization's Technical\nInstructions for the Transport of Dangerous Goods (ICAO Technical Instructions) nor the\nInternational Maritime Dangerous Goods (IMDG) Code includes an exception from regulation\nfor flammable liquids reclassed as combustible liquids. Thus, for airlines that require shippers to\n113. 150(f)\n040212\n\n<<<PAGE 2>>>\n\ncomply with the ICAO Technical Instructions and for vessel carriers that require shippers to\ncomply with the IMDG Code, \"Perfumery products, UN 1266\" must be classed as a flammable\nliquid.\nI hope this satisfies your inquiry. If we can be of further assistance, please contact us.\nSincerely,\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nnarun\n173.150+.\nExceptions\nTransportation Development\n04-0212\n-group\nlogisticstraining.com\n415 Dairy Road, PMB E234, Kahului, HI 96732\n(800) 949-4834 | (800) 527-5121 FAX\njim@logisticstraining.com\nFriday, Septenber 10, 2004\nMr. Edward T. Mazzullo\n400 7th Street: S.W. DHM10\nRSPA Office of Hazardous Materials Standards\nWashington, JC 20590-0001\nDear Mr. Mazzullo:\nI am requesting an interpretation of 49 CFR 173.150(f)(1) where it provides that the combustible liqui\nexception is not valid for transport by air or vessel except where other means of transport are impracticable\nthat is not a hazardous substance, waste or marine pollutant.\nSo, here are some possible scenarios here in Hawaii for a box of 120 mL bottles of Perfumery Products, UN 1266,\n1. May be shipped inter-island by barge under this exception - not subject to any requirements of 49 CFR\n2. May be shipped inter-island by AIR under this exception - not subject to any requirements of 49 CFR.\n3. May be shipped from Hawaii to the continental US by vessel or air under this exception - not subject to\nany requirements of 49 CFR.\nthis exception. Presuming, for the sake of discussion, that there is an inter-island air carrier who followed 49 CFR\nI do realize there are other considerations - such as the airlines following IATA (industry) rules that do not allow\nand not IATA/ICAO it seems to me that this exception would be allowed.\nobtained to stip virtually unlimited quantities of flammable liquids by air or ocean inter-island as long as the\nAm I correct n presuming that no prior arrangements or authorization from the DOT would need to be made or\nsubstance was referred in column 8(A) of the HMT to 173.150 and all the other requirements were otherwise met.\nIs this interpretation of the regulations correct?\nSincerely,\nPresident\nJim Powell\njim@logisticstraining.com\n1-800-949-4834\n2390 Crenshaw Blvd, Ste 513, Torrance, CA 90501\nTDG Los Angeles\n310) 302-0808 | FAX (310) 302-0809","truncated":false,"body_characters":4851}