{"operation":"document","citation":"11-0205","title":"AT&T — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-09-28","effective_on":null,"summary":"11-0205 response to AT&T concerning 173.120, 173.150, 173.29.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0205.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0205.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0205","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110205.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave, SE\nWashington. D.C. 20590\nSEP 2 8 2011\nMr. Jim La Porte\nAT&T\n1670 Axtell\nTroy, Michigan 48084\nRef. No.: 11-0205\nDear Mr. La Porte:\nThis responds to your August 19, 2011 email requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of combustible\nliquids. In your email, you ask for confirmation that the transportation by highway of\ncombustible liquids in non-bulk packagings is not regulated under the HMR. Additionally, you\nask for confirmation that the empty packaging requirements in § 173.29 are also not required for\nthose packagings.\nThe transportation by highway of combustible liquids in non-bulk packagings is not regulated\nunder the HMR. A \"combustible liquid\" is defined as a material that has a flash point above 60\n°C (140 oF) and below 93 DC (200 OF) and does not meet the definition of any other hazard class\nunder the HMR (see § 173.120(b)(1». Further, a flammable liquid with a flash point at or above\n38°C (100 OF) that does not meet the definition of any other hazard class may also be reclassed\nas a combustible liquid by certain modes of transport (see § 173. 120(b )(2». As such, 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 (119\ngallons) or less) is not subject to any other requirements under the HMR (see § 173. 150(f)(2».\nSection 173.29 requires that an empty packaging containing a residue of a hazardous material be\noffered for transportation and transported in the same manner as when it previously contained a\ngreater quantity of that hazardous material, unless it has been sufficiently cleaned of residue and\npurged of vapors to remove any potential hazard. However, you state in your Email that your\nmaterial has a flash point at or above lOO°F, does not meet the definition of any other hazard\nclass, and it was reclassed as a combustible liquid and shipped by. highway in non-bulk\npackagings. Therefore, as provided under § 173.150(f)(2), no other requirements of the\nsubchapter, including the requirements in § 173.29, apply.\nI hope this satisfies your inquiry. Please contact us if we can be of further assistance.\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom: Mcintyre, Joan (PHMSA)\nSent: To: Subject: Friday, August 19, 2011 5: 19 PM\nDrakeford, Carolyn (PHMSA); Foster, Glenn (PHMSA)\nFW: Request for written response\nFrom: LA PORTE, JAMES J (ATTSI) [mailto:jI7454@att.comJ\nSent: Friday, AUgust 19, 2011 4:51 PM\nTo: McIntyre, Joan (PHMSA)\nSubject: RE: Request for written response\nJoan,\nHello! I have a question regarding transport trailers and fuel bladders (tanks mounted on skids) that have been specifically\ndesigned to refuel our small diesel generators. These tanks are transported via ground transports and are less than 119\ngallons in capacity. These tanks are three quarters filled with diesel fuel which has a flash point greater than 100 degrees\nF. The trailers are 6' X 10' equipped with a 100 gallon fuel tank, a 50' hose on a take up reeL a 50' bonding ribbon, a\nlifting arm to load and transport small generators if required, and secured storage area for up to 4 portable generators.\nThe trailer is designed so that it can be stacked two high for transport This will allow 6 trailers to be shipped on a\nstandard 48' flatbed. These are used in severe storm conditions or disaster areas.\nIt is our understanding that a liquid with a flashpoint between 100 and 200 F transported by ground in the United States in\na non-bulk package is not subject to regulation as a hazardous material unless it meets the criteria for another class of\nhazardous material (poison, corrosive, etc.) or is a hazardous waste, hazardous substance, or marine pollutant; 49 CFR\n173.120, 173.121, and 173.150 Additionally, a non-bulk package that contains a residue of such a combustible liquid\nwould therefore not be subject to the exacting \"empty-ness\" criteria in 49 CFR 173.29, and could be transported as nonhazmat\nwithout having to purge the container.\nTherefore sInce these fuel bladders or tanks are less than 119 gallons, transported via ground transport, contain diesel\nfuel that has a flash point greater than 100 F these fuel bladders mounted on trailers are not regulated as a DOT\nhazardous material and can contain diesel fuel when being transported.\nCan I get a written response.\nPlease advise.\nJim La Porte\n1670 Axtell\nTroy, Michigan 48084\n1","truncated":false,"body_characters":4718}