Intertek Caleb Brett New Orleans — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Administration Hazarcious Materials safety MAR 2 3 2006 Mr. Scott Fenwick Ref. No. 06-0021 Laboratory Business Development Intertek Caleb Brett New Orleans 160 E. James Blvd Suite 200 St. Rose, LA 70087 Dear Mr. Fenwick: This is in response to your January 27, 2006 letter requesting clarification on the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to diesel fuel. You plan to provide your customers with packaging material and packaging closure instructions for return shipments. The package you are providing includes 8 - one ounce (30 mL) French square glass bottles to be filled with diesel fuel. Each of those bottles will be wrapped in absorbent. Four bottles will be placed within a one quart metal can. Up to two cans will be placed within a United Nations certified 4G (fiberboard box). Your questions are paraphrased and answered as follows: Q1. May customers offer these packages, containing diesel fuel, for highway transportation? Al. The answer is yes. Under § 173.150(f) of the HMR, a flammable liquid with a flashpoint at or above 38°C (100°F) that does not meet the definition of any other hazard class may be reclassed as a combustible liquid. This provision does not apply to transportation by vessel or aircraft, except where other means of transportation is impracticable. A material classed as a combustible liquid (e.g., "diesel fuel") in a non-bulk packaging that is not a hazardous substance, hazardous waste, or marine pollutant is not subject to the HMR. Q2. May customers offer these packages, containing diesel fuel, for transportation by A2. The exception in § 173.150(f) does not apply to transportation by aircraft, except where other means of transportation is impracticable. Your customers may offer these shipments for transportation by aircraft; however, they must be trained in accordance with Part 172, Subpart H, and they must prepare and offer the shipment for transportation in accordance with all applicable requirements of the HMR (e.g., packaging, marking, labeling, shipping papers, emergency response information, etc.). Many air carriers require hazardous materials to be shipped in accordance 172.101 060021 173.150#

Page 2with the International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions). The HMR authorize the use of the ICAO Technical Instructions for transportation by aircraft. Diesel fuel, with a flash point of 60.5°C (141°F) or less, is regulated as a flammable liquid under the ICAO Technical Instructions. Q3. Must the customers be trained in accordance with Part 172, Subpart H to ship diesel fuel? A3. Your customers must be trained in accordance with Part 172, Subpart H to ship diesel fuel, unless the shipment satisfies the exception in § 173.150(f) for combustible liquids transported by highway or rail. Q4. What are the labeling requirements for transporting diesel fuel? A4. A package containing diesel fuel that meets the definition of a flammable liquid must bear the flammable liquid label depicted in § 172.419. Q5. What additional requirements may carriers place upon these shipments? A5. We provide information and guidance for compliance with the HMR; however, we cannot provide information pertaining to any additional restrictions carriers might place on shipments of hazardous materials. Contact the carrier for further information on its internal policies and procedures for transporting hazardous materials. Q6. You also ask if we can provide an example of completed paperwork for transporting a hazardous material. A6. A shipping paper must be prepared in accordance with Part 172, Subpart C. The satisfies the requirements of the HMR, any format may be used. Some of the HMR do not specify a format for shipping papers. Provided the shipping paper shipping paper requirements are specific to the type of material and mode of transportation. Therefore, it may be misleading to provide you with an example of a completed shipping paper. I hope this information is helpful. Please contact us if you require additional assistance. PeNs Chief, Standards Development Office of Hazardous Materials Standards#

Page 3Blank Page 1 of 2 Drakeford, Carolyn <PHMSA> From: Gorsky, Susan <PHMSA> Sent: Friday, January 27, 2006 3:08 PM Eichenlaub To: Drakeford, Carolyn < PHMSA> $173.150 Subject: FW: Shipment of Hazardous Materials in Limited Quantities Applicability Could you please enter this as an interp please? Thanks. 06-0021 Susan From: Scott Fenwick CBW-New Orleans [mailto:scott.fenwick@intertek.com] To: Gorsky, Susan <PHMSA> Sent: Friday, January 27, 2006 2:15 PM Subject: Shipment of Hazardous Materials in Limited Quantities Cc: Darryl Jesionowski CBW-Houston Ops; Bruce Carlile CBW-Deer Park Good afternoon, Susan. Thank you for taking the time to help answer our questions. We are looking to help enable our customers (truck stop operators, convenient store owners, terminal & providing them with up to 8 one ounce (30 mL) French square glass bottles to fill with diesel fuel. Each of pipeline managers) to ship limited quantities of diesel fuel back to our network of laboratories. We will be those bottles will be wrapped in yellow absorbent. Every 4 bottles will be placed within an inner packaging of boxes will then be returned to our locations. a round metal 1 quart can. Up to 2 cans will be placed within a Hazmatpac UN4G cardboard box. These • According to current 49CFR regulations (173.150 para F-1 & F-2, 171.8), will our clients be able to • Will they be able to ship the boxes back via "air" (IATA)? ship these boxes back to us via "ground" carriers? • What, if any, training must they have to do so in either case? • What further restrictions might the carriers place upon these shipments? • What labeling, if any, must be on the outer packaging (see attached possible labels)? • What exanples of completed paperwork can you provide? Thank you again for taking the time to help us with these issues. Laboratory Business Development Scott Fenwick Intertek Caleb Brett New Orleans Fax Phone 504-602-2000 Cell 504-471-6111 504-251-4759 Web E-mai: Scott.Fenwick@Intertek.com www.intertek.com 1/30/2006#

Page 4Blank Page 2 of ? www.intertek-agri.com www.intertek-cb.com Intertek Calek Brett is dedicated to Customer Service and welcomes your feedback. Please click on the link below to send us your suggestions or comments. We thank you for your time. http://www.intertek-cb.com/generalsurvey.htm All services or work performed by Intertek Caleb Brett are pursuant to the Terms and Conditions set out in Intertek Testing Services' current price schedule. To request a current price schedule, please call 713-407- of the individual or entity to whom they are addressed. If you have received this email in This email and any files transmitted with it are confidential and intended solely for the use error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. 1/30/2006#

Page 5Intertek Caleb Brett ULSD (Diesel) Sample Mailer Kits his package contains dangerous DANGEROUS GOODS IN EXCEPTED QUANTITIES government regulations and the IATA Dangerous Goods Regulations. Signature of Shipper Title Date Name and Address of Shipper his package contains substance(s) in Class(e: heck applicable box (es Class: 2 4 and the applicable UN Numbers are: • HAZMATPAC, Inc. • Houston, Texas • 1-800-923-9123 . Made in the U.S.A. L850-LQ12 NOT RESTRICTED It is hereby certified that the contents of this appearance, are not Dangerous Goods restricted for consignment, in spite of product name or International and National Government Regulations. air transportation according to the applicable HOUSTON, TEXAS MADE IN THE U.S.A. NOT RESTRICTED ARE! L850-NR HAZMATPAC Inc. 1.800.923.9123#