{"operation":"document","citation":"06-0021","title":"Intertek Caleb Brett New Orleans — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-03-23","effective_on":null,"summary":"06-0021 response to Intertek Caleb Brett New Orleans concerning 172.101, 173.150.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0021.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0021.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0021","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060021.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nPipeline and\nAdministration\nHazarcious Materials safety\nMAR 2 3 2006\nMr. Scott Fenwick\nRef. No. 06-0021\nLaboratory Business Development\nIntertek Caleb Brett New Orleans\n160 E. James Blvd\nSuite 200\nSt. Rose, LA 70087\nDear Mr. Fenwick:\nThis is in response to your January 27, 2006 letter requesting clarification on the\napplicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to\ndiesel fuel. You plan to provide your customers with packaging material and packaging\nclosure instructions for return shipments. The package you are providing includes 8 -\none ounce (30 mL) French square glass bottles to be filled with diesel fuel. Each of those\nbottles will be wrapped in absorbent. Four bottles will be placed within a one quart metal\ncan. Up to two cans will be placed within a United Nations certified 4G (fiberboard box).\nYour questions are paraphrased and answered as follows:\nQ1. May customers offer these packages, containing diesel fuel, for highway\ntransportation?\nAl. The answer is yes. Under § 173.150(f) of the HMR, a flammable liquid with a\nflashpoint at or above 38°C (100°F) that does not meet the definition of any other\nhazard class may be reclassed as a combustible liquid. This provision does not\napply to transportation by vessel or aircraft, except where other means of\ntransportation is impracticable. A material classed as a combustible liquid (e.g.,\n\"diesel fuel\") in a non-bulk packaging that is not a hazardous substance, hazardous\nwaste, or marine pollutant is not subject to the HMR.\nQ2. May customers offer these packages, containing diesel fuel, for transportation by\nA2. The exception in § 173.150(f) does not apply to transportation by aircraft, except\nwhere other means of transportation is impracticable. Your customers may offer\nthese shipments for transportation by aircraft; however, they must be trained in\naccordance with Part 172, Subpart H, and they must prepare and offer the shipment\nfor transportation in accordance with all applicable requirements of the HMR (e.g.,\npackaging, marking, labeling, shipping papers, emergency response information,\netc.). Many air carriers require hazardous materials to be shipped in accordance\n172.101\n060021\n173.150\n\n<<<PAGE 2>>>\n\nwith the International Civil Aviation Organization (ICAO) Technical Instructions\nfor the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions).\nThe HMR authorize the use of the ICAO Technical Instructions for transportation\nby aircraft. Diesel fuel, with a flash point of 60.5°C (141°F) or less, is regulated as\na flammable liquid under the ICAO Technical Instructions.\nQ3. Must the customers be trained in accordance with Part 172, Subpart H to ship diesel\nfuel?\nA3. Your customers must be trained in accordance with Part 172, Subpart H to ship\ndiesel fuel, unless the shipment satisfies the exception in § 173.150(f) for\ncombustible liquids transported by highway or rail.\nQ4. What are the labeling requirements for transporting diesel fuel?\nA4. A package containing diesel fuel that meets the definition of a flammable liquid\nmust bear the flammable liquid label depicted in § 172.419.\nQ5. What additional requirements may carriers place upon these shipments?\nA5. We provide information and guidance for compliance with the HMR; however, we\ncannot provide information pertaining to any additional restrictions carriers might\nplace on shipments of hazardous materials. Contact the carrier for further\ninformation on its internal policies and procedures for transporting hazardous\nmaterials.\nQ6. You also ask if we can provide an example of completed paperwork for transporting\na hazardous material.\nA6. A shipping paper must be prepared in accordance with Part 172, Subpart C. The\nsatisfies the requirements of the HMR, any format may be used. Some of the\nHMR do not specify a format for shipping papers. Provided the shipping paper\nshipping paper requirements are specific to the type of material and mode of\ntransportation. Therefore, it may be misleading to provide you with an example of\na completed shipping paper.\nI hope this information is helpful. Please contact us if you require additional assistance.\nPeNs\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nBlank\nPage 1 of 2\nDrakeford, Carolyn <PHMSA>\nFrom:\nGorsky, Susan <PHMSA>\nSent:\nFriday, January 27, 2006 3:08 PM\nEichenlaub\nTo:\nDrakeford, Carolyn < PHMSA>\n$173.150\nSubject: FW: Shipment of Hazardous Materials in Limited Quantities\nApplicability\nCould you please enter this as an interp please? Thanks.\n06-0021\nSusan\nFrom: Scott Fenwick CBW-New Orleans [mailto:scott.fenwick@intertek.com]\nTo: Gorsky, Susan <PHMSA>\nSent: Friday, January 27, 2006 2:15 PM\nSubject: Shipment of Hazardous Materials in Limited Quantities\nCc: Darryl Jesionowski CBW-Houston Ops; Bruce Carlile CBW-Deer Park\nGood afternoon, Susan. Thank you for taking the time to help answer our questions.\nWe are looking to help enable our customers (truck stop operators, convenient store owners, terminal &\nproviding them with up to 8 one ounce (30 mL) French square glass bottles to fill with diesel fuel. Each of\npipeline managers) to ship limited quantities of diesel fuel back to our network of laboratories. We will be\nthose bottles will be wrapped in yellow absorbent. Every 4 bottles will be placed within an inner packaging of\nboxes will then be returned to our locations.\na round metal 1 quart can.\nUp to 2 cans will be placed within a Hazmatpac UN4G cardboard box. These\n• According to current 49CFR regulations (173.150 para F-1 & F-2, 171.8), will our clients be able to\n• Will they be able to ship the boxes back via \"air\" (IATA)?\nship these boxes back to us via \"ground\" carriers?\n• What, if any, training must they have to do so in either case?\n• What further restrictions might the carriers place upon these shipments?\n• What labeling, if any, must be on the outer packaging (see attached possible labels)?\n• What exanples of completed paperwork can you provide?\nThank you again for taking the time to help us with these issues.\nLaboratory Business Development\nScott Fenwick\nIntertek Caleb Brett\nNew Orleans\nFax\nPhone 504-602-2000\nCell\n504-471-6111\n504-251-4759\nWeb\nE-mai:\nScott.Fenwick@Intertek.com\nwww.intertek.com\n1/30/2006\n\n<<<PAGE 4>>>\n\nBlank\nPage 2 of ?\nwww.intertek-agri.com\nwww.intertek-cb.com\nIntertek Calek Brett is dedicated to Customer Service and welcomes your feedback. Please click on\nthe link below to send us your suggestions or comments. We thank you for your time.\nhttp://www.intertek-cb.com/generalsurvey.htm\nAll services or work performed by Intertek Caleb Brett are pursuant to the Terms and Conditions set out in\nIntertek Testing Services' current price schedule. To request a current price schedule, please call 713-407-\nof the individual or entity to whom they are addressed. If you have received this email in\nThis email and any files transmitted with it are confidential and intended solely for the use\nerror please notify the system manager. This message contains confidential information\nand is intended only for the individual named. If you are not the named addressee you\nshould not disseminate, distribute or copy this e-mail.\n1/30/2006\n\n<<<PAGE 5>>>\n\nIntertek\nCaleb Brett\nULSD (Diesel) Sample Mailer Kits\nhis package contains dangerous\nDANGEROUS GOODS IN EXCEPTED QUANTITIES\ngovernment regulations and the IATA Dangerous Goods Regulations.\nSignature of Shipper\nTitle\nDate\nName and Address of Shipper\nhis package contains substance(s) in Class(e:\nheck applicable box (es\nClass:\n2\n4\nand the applicable UN Numbers are:\n•\nHAZMATPAC, Inc. • Houston, Texas • 1-800-923-9123 . Made in the U.S.A.\nL850-LQ12\nNOT RESTRICTED\nIt is hereby certified that the contents of this\nappearance, are not Dangerous Goods restricted for\nconsignment, in spite of product name\nor\nInternational and National Government Regulations.\nair transportation according\nto the applicable\nHOUSTON, TEXAS MADE IN THE U.S.A.\nNOT RESTRICTED\nARE!\nL850-NR\nHAZMATPAC Inc.\n1.800.923.9123","truncated":false,"body_characters":8101}