{"operation":"document","citation":"08-0220","title":"URS Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-05-14","effective_on":null,"summary":"08-0220 response to URS Corporation concerning 173.150.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0220.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0220.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0220","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2008/080220.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave, S.E.\nWashington, D.C. 20590\nMAY 1 4 2009\nMs. Erin N. Jarman\nURS Corporation\n1600 Perimeter Park Drive\nMorrisville, NC 27560\nRef. No: 08-0220\nDear Ms. Jarman:\nThis is in response to your request for a clarification of the requirements concerning\ncombustible liquids contained in a bulk packaging under 5 173.15 O(f)(3) of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-1 80).' Specifically, you ask for confirmation\nthat combustible liquids in bulk quantities are not required to be offered for transportation in a\nUN standard or DOT specification packaging. I apologize for the delay in responding and\nany inconvenience it may have caused.\nYour understanding is correct for shipments by highway or rail. Under 5 173.150(f)(3), a\ncombustible liquid that is in a bulk packaging (including a combustible liquid that is a\nhazardous substance, a hazardous waste, or a marine pollutant) is not subject to the\nrequirements of the HMR except those listed in 5 173.150(f)(3)(i) through (x). Paragraph\n(f)(3) provides, among other things, that a combustible liquid in a bulk packaging is not\nsubject to the specification packaging provisions contained inthe HMR. Therefore, a bulk\nnon-specification packaging must meet only those requirements in Subpart B, and the various\nsections listed in $173.150(f)(3)(i) through (x) applicable to non-specification packagings,\nand not those specific to UN standard or DOT specification packagings.\nI hope this information is helpful. If you have W h e r questions, please do not hesitate to\ncontact this office.\nfiattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nAugust 29,2008\nMr. Edward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\nU.S. DOTO'HMSA (PHH-10)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nDear Mr. Mazzullo:\nI am writing to you with regards to a clarification of the requirements for combustible liquids\ncontained in bulk packaging under 49 CFR 5 173.1 50(f)(3). During a conversation with Ms. Helen\nEngrum of your office on August 27,2008, she confirmed that combustible liquids, even when in\nbulk quantities, are not required to be offered for transportation in UN specification packaging.\nIn addition, Ms. Engrum and I also spoke about the requirements found in\n49 CFR $173.150(f)(3)(vii) and (viii) which direct the regulated community to comply with the\npackaging requirements of Subpart B of Part 173 as well as numerous other sections containing\npackaging requirements. Some of these sections specifically mention requirements for specification\npackaging. Ms. Engrum further explained that the intent of 49 CFR 5 173.150(0(3) was for the\nregulated community to comply with only those requirements in Subpart B, and the various sections\nmentioned in 49 CFR §173.150(f)(3)(viii) which are applicable to non-specification packages since\nUN specification packages are not required for shipments of combustible liquids, even when in bulk\nquantities. While Ms. Engrum's verbal response via telephone did provide sufficient clarification,\nwe are further requesting a formal written interpretation for our records.\nThank you in advance for your assistance. I look forward to your response.\nSincerely,\nErin N. Jarman\nEnvironmental Scientist\nURS Corporation\n1600 Perimeter Park Drive\nMorrisville, NC 27560\nTel: 919-461-1478\nFax: 919-461-1371\nErin-Jarman@urscorp.com","truncated":false,"body_characters":3551}