{"operation":"document","citation":"12-0230","title":"Boreal Aviation, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-01-10","effective_on":null,"summary":"12-0230 response to Boreal Aviation, Inc. concerning 173.120, 173.150.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0230.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0230.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0230","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120230.pdf","body":"<<<PAGE 1>>>\n\n1\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\n, JAN 1 G 2013\n: Mr. Bob Henning\nBoreal Aviation, Inc.\n401 Ave. F\nGwinn, MI 49841\nReference No. 12-0230\nDear Mr. Henning:\nThis is in response to your e-mail requesting clarification of the Hazardous Materials\nRegulations (HMR 49 CFR Parts 171-180) applicable to the transportation by highway or\nrail of \"Fuel, aviation, turbine engine,\" UN1863, Class 3, when shipped in one gallon metal\ncontainers as samples to be analyzed. The fuel has a flash point of 110 °F. You cite an\n, interpretation letter issued by this Office on March 26, 1998 and ask whether certain\ninformation in that letter is still valid and also whether labeling is required for your\npackages. Specifically, you ask for confirmation that the transportation by highway of\ncombustible liquids in non-bulk packagings (see§ 171.8 for \"non-bulk packaging\"\ndefinition) is not regulated under the HMR and that this includes exceptions from\n' conformance to the labeling and training requirements.\n1\nIn your letter, you state that the 1998 letter advised that a non-bulk packaging of a\n, flammable liquid may be reclassified as a combustible liquid in accordance with\n§ 173.120(b) and that§ 173.150(f)(2) states that a combustible liquid is not subject to the\nHMR when shipped in non-bulk packagings, including training requirements, provided that\nthe material is reclassified as a combustible liquid and transported in non-bulk quantities.\n' The 1998 letter also states that if the material is transported by aircraft, it may not be\ntransported as a combustible liquid unless transportation by other means is impracticable\nand it would, therefore, be subject to the HMR, including training requirements. You ask\nwhether the information in this 1998 letter is still valid.\nA combustible liquid is defined as a material that has a flash point above 60 °C (140 °F) and\nbelow 93 °C (200 °F) and does not meet the definition of any other hazard class under the\n· HMR (see§ 173.120(b)(1)). Additionally, a flammable liquid with a flash point at or above\n38 oc (100 °F) that does not meet the definition of any other hazard class may also be\nreclassed as a combustible liquid by highway and rail (see§ 173.120(b)(2)). As such, the\n. transportation by highway and rail of a combustible liquid that is not a hazardous substance,\n\n<<<PAGE 2>>>\n\nhazardous waste, or a marine pollutant and is packaged in a non-bulk packaging is not\nsubject to any other requirements under the HMR (see § 173.150(±)(2)). Because the\nmaterial is excepted from the HMR, the labeling and training requirements also do not\napply.\nI hope this information is helpful. Please contact this office should you have additional\nquestions.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n~~~-~---\n\n<<<PAGE 3>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom: Sent: To: . Subject: Eckenrode, Andrew.CTR (PHMSA) on behalf of INFOCNTR (PHMSA) § /72 '/ 0 /\nWednesday, October 10, 2012 4:29PM PI/) / //Jh 'f 'J-u\nDrakeford, Carolyn (PHMSA) I'+ p I c..\"\"' I I I~\nFW: Hazmat Information Center Feedback: Interpretations (Letters) Issued by PHMSA\n~~-()~30\nCarolyn,\nThanks,\nAndrew\nThis gentleman asked for his email to be forwarded as a letter of interpretation.\n-----Original Message-----\nFrom: PHMSA Webmaster\nSent: Wednesday, October 10, 2012 3:25 PM\nTo: P,HMSA HM InfoCenter; PHMSA Webmaster\nSubj~ct: Hazmat Information Center Feedback: Interpretations (Letters) Issued by PHMSA\nHello.!\n1. I have a question regarding the ground shipping of \"Aviation Turbine Fuel, Jet-A\" fuel samples for analysis as is\nrequi~red by government into-plane servicing contract for military aircraft. The fuel has a Flash Point of l10°F. As a fixed\nbase operator under such a contract we must periodicly submit fuel samples in a one gallon metal container to be\nanalyzed. The fuel HMR ID number is UN1863, Fuel, aviation, turbine engine, Class 3, PG Ill, Flammable Liquid.\n2. I have an old explanation from the US DOT dated 26 Mar, 1998 and signed by a Mr. Edward T. Mazzullo who wrote\nthat ~he one gallon fuel sample may be reclassified as a combustible liquid in accordance with CFR 49 173.120(b). He\nfurther wrote that 49 CFR 173.1SO(f)(2) states that a combustible liquid is not subject to the HMR 49 CFR Parts 171-180\nwhen shipped in non-bulk packages (i.e. a maximum capacity of 450 Lor a maximum net mass of 400 kg). In addition,\nno training requirements found in 49CFR, Part 172, Subpart H apply either so long as the material is reclassified as a\ncombustible liquid and transported in non-bulk quantities. Finally, as the material reclassified as noted above is not\nconsidered to be a hazardous type the it is not subject to subject to Hazardous Materials Regulations.\n3. As for labeling, I believe that no labeling is required either.\n4. My questions are; l-Is the information in the second paragraph still valid? 2-ls any labeling required, considering\nparagraph .two?\nThank you for your time.\nName: Mr. Bob Henning\nOrganization: Boreal Aviation, Inc.\nEmail! bailab@borealav.com\nAddress: 401 Ave. F\nCity: Gwinn\nZip Code: 49841\nPhone: 906-346-6440\nFAX: 906-346-6401\n1","truncated":false,"body_characters":5273}