Intertek Caleb Brett — Hazardous Materials Safety Interpretation

Page 1f Transportatic S. Departme Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Hazardous Materials Safety Administration JAN 11 200/ Mr. William J. Cherepon Environmental Manager Safety, Health and Ref. No.: 06-0264 Intertek Caleb Brett Carteret, NJ 07008 1000 Port Carteret Road Building - C Dear Mr. Cherepon: This is in response to your November 9, 2006 letter regarding training as specified under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your scenario involves the ship s sleis aly, you ben the trainid are combusense ligud in opiance who fills a package containing a combustible liquid that is not subject to the HMR. The answer is no. For transport by a mode other than vessel or aircraft, a flammable liquid may be re-classed as a combustible liquid in accordance with § 173.150(f)(1) of the HMR. In accordance with § 173 150(f)(2), a combustible liquid is not subject to the HMR when shipped in re-classed as a combustible liquid and transported in non-bulk quantities. I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely: Hatie Mitchell Office of Hazardous Materials, Standards Chief, Regulatory Review and Reinvention 172,704 173.150f) 060264#

Page 2Intertek Caleb Brett Satterthwarte $172.704 November 9, 2006 $ 113.150 (f) Mr. John A. Gale Chief, Standards Development Training U.S. Department of Transportation Office of Hazardous Materials Standards 06-0264 400 Seventh Street, S.W. Pipeline and Hazardous Materials Safety Administration Washington, D.C. 20590 Dear Mr. Gale: I am seeking you assistance in providing an answer to the question below. First, it would be beneficial to explain the background to the question. Interte Caleb Brett (ICB) is a testing laboratory for fuel products, such as diesel fuels, ultra low sulfur diesel and home heating fuels. This testing is provided, in part, at the consumer level to assure compliance with federal standards. laboratory for testing, ICB provides return kits comprised of packaging material and packaging In order to obtain product representative samples back from consumer outlets to an ICB closure as well as instruction for return shipment via domestic ground carrier only. The individual packages provide for this consumer testing project includes up to 8 - one ounce (30 and wrapped in absorbent. Four bottles will be placed within a one quart metal can then that in mL) French square glass bottles to be filled with diesel fuel. Each of those bottles are sealed turn is sealed. Up to tivo cans maximum will be placed within a United Nations certified 4G (fiberboard box). The kits are marked "Not Restricted" and "For Ground Shipmert Only". Under § 173.150(f) the diesel fuel product is above 38° C or 100°F (averaging greater than 125) and does not meet the definition of any other hazard class, therefore can be reclassified as a combustible liquic. A material classed as a combustible liquid, in this case, diesel fuel in a is not subject to HMR. nor-bulk packaging that is not a hazardous substance, hazardous waste, and marine pollutant Question: Are the individuals at the consumer outlet sector who fill the one ounce bottles exempt from the hazmat training requirement if § 173.150(f) is declared? I appreciate your assistance in this matter and look forward to your assistance. My contact information is listed below. Sincerely, Willian ACherpen William J. Cherepon Intertek Caleb Brett Safety, Health and Environmental Manager 1000 Port Carteret Rd Building - C Carteret, NJ 07008#