{"operation":"document","citation":"08-0066","title":"Montana Motor Carrier Services Enforcement Division — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-03-17","effective_on":null,"summary":"08-0066 response to Montana Motor Carrier Services Enforcement Division concerning 173.120, 173.150.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0066.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0066.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0066","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080066.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\n!JAR 1 7 2 ~ 0 8\nLt. Jeff McLaughlin\nMontana Motor Carrier Services Enforcement Division\n2550 Prospect Ave\nHelena, MT 59620\nRef. No.: 08-0066\nDear Lt. McLaughlin:\nThis is in response to your letter dated March 7,2008, concerning requirements in the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 17 1-1 80) applicable to the transportation of\ncombustible liquids in non-bulk packages. Specifically, you ask if there must be documentation\nin the transport vehicle to serve as proof that a flammable liquid has been reclassed as a\ncombustible liquid and is being shipped in accordance with the combustible liquid exception.\nAs you are aware, a flammable liquid with a flash point of 38°C (1 00°F) or higher that does not\nmeet the definition of any other hazard class may be reclassed as a combustible liquid, as\nprovided by $5 173.120(b)(2) and 173.150(f)(l). In addition, under 5 173.150(f)(2), a\ncombustible liquid, that is not a hazardous substance, hazardous waste, or a marine pollutant and\nis packaged in a non-bulk packaging, i.e., a packaging having a liquid capacity of 450 L (1 19\ngallons) or less, is not subject to any other requirements in the HMR. Therefore, a\ncombustible liquid, even if it has been reclassed from a flammable liquid to a combustible liquid,\ndoes not require special packagings, markings, or documentation.\nI hope this information is helpful. Please contact us if you require additional assistance.\n( Chief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\n*\nv\nDrakeford, Carolyn <PHMSA> From:\nSent:\nTo:\nCc:\nSubject:\nINFOCNTR <PHMSA>\nMonday, March 10,2008 1 1 :38 AM\nDrakeford, Carolyn <PHMSA>\n'jrnclaughlin@rnt.gov'\nFW: Questions or Complaints Concerning Enforcement\n5 Ij3. 154/~)\nCarolyn,\nThis gent\nleman would like an official written letter of interpretation on the issue\ndescribed\nbelow.\nThanks,\nRob\n----- Original Message-----\nFrom: HM-Enforcement <PHMSA>\nSent: Friday, March 07, 2008 3:05 PM\nTo: INFOCNTR <PHMSA>\nSubject: FW: Questions or Complaints Concerning Enforcement\nCompleted via phone by RB on 3/10 @ 11:24 am\n----- Original Message-----\nFrom: jmclaughlin@mt.gov [mailto:jmclaughlin@mt.gov]\nSent: Friday, March 07, 2008 12:43 PM\nTo: HM-Enforcement <PHMSA>\nSubject: Questions or Complaints Concerning Enforcement\nBelow is the result of your feedback form. It was submitted by Lt Jeff McLaughlin\n(jmclaughlin@mt.gov) on Friday, March 7, 2008 at 12:43:14.\nName: Lt Jeff McLaughlin\nOrganization: Montana Motor Carrier Services Enforcement Division\nStreet: 2550 Prospect Ave\nCity: Helena\nState: Montana\nZip Code: 59620\nCountry: USA\nPhone: (406) 444 0454\nFax: (406) 444 6136\nComments: As per 173.150(£) A flammable liquid may be reclassed as a combustible liquid in\na non bulk package. The question we have.is what documentation if any must be carried in\nthe transport vehicle to show proof of the reclassification. The following example is the\nsituation that we recently encountered:\nEx: a vehicle carrying five non bulk packages ( appx 3800 lbs ) was involved in an\naccident. The vehicle and packages were not marked/labeled/ or placarded. The driver did\nnot have a haz-mat endorsement or shipping paper at the time of stop. When asked what was\nin the packages the driver stated that he was hauling \" Jet AN fuel. An inspection was\nperformed and violations were noted that there were no placards/ shipping papers/ or haz-\n1\n\n<<<PAGE 3>>>\n\n4 mat endorsement. The company is now disputing the violations by referencing 173.150\nsaying that they had reclassed the \"Jet AN fuel as a combustible and that nowhere does it\nstate that they must carry documentation stating such.\n1\nWe are requesting an interpretation to define what is or is not required for this type of\nshipment.\nThank you for your time on this matter.","truncated":false,"body_characters":3937}