{"operation":"document","citation":"15-0051","title":"Scientific Innovations, LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-06-16","effective_on":null,"summary":"15-0051 response to Scientific Innovations, LLC concerning 173.120, 173.150, 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0051.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0051.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0051","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/150051.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n• Washington. DC 20590\n1200 New Jersey Avenue SE\nPipeline and Hazardous\nAdministration\nMaterials Safety\nJUN 1 5 2015\nSteve Foster\n1825 36th Avenue Ct.\nScientific Innovations, LLC\nGreeley, CO 80634\nRef. No. 15-0051\nDear Mr. Foster:\nThis responds to your February 6, 2015 e-mail requesting clarification on the exceptions for\nClass 3 flammable and combustible liquids under the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180). Specifically, you ask whether the \"liquid essential plant\noils\" described in your e-mail can be classed as \"Combustible liquid, n.o.s.\" and as such, be\nexcepted from the requirements of the HMR (e.g., shipping papers, marking, labeling,\nplacarding, etc.) when transported in non-bulk packaging under § 173.150(f)(2).\nUnder § 173.22, it is the shipper's responsibility to classify a hazardous material. This\nOffice does not normally perform this function. However, the answer to the first portion of\nyour question is yes, if the material described in your e-mail is consistent with the definition\nof a combustible liquid under § 173.120(b)(1). Section 173.120(b)(1) provides that a\ncombustible liquid is \"any liquid that does not meet the definition of any other hazard class\nspecified in this subchapter [the HMR] and has a flash point above 60 °C (140 °F) and\nbelow 93 °C (200 °F).\" Furthermore, § 173.150(f)(2) states that the \"requirements in this\nsubchapter do not apply to a material classed as a combustible liquid in a non-bulk\npackaging unless the combustible liquid is a hazardous substance, a hazardous waste, or a\nmarine pollutant.\" Thus, if the material described in your e-mail meets the definition of a\npollutant as defined in the HMR, it is the opinion of this Office that this material is a\ncombustible liquid and is not a hazardous substance, a hazardous waste, or a marine\ncombustible liquid and would not be subject to the requirements of the HMR when\ntransported in non-bulk packaging.\nI hope this answers your inquiry. If you need additional assistance, please contact this\nOffice again.\nSincerely,\nActing Chief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nLesko\n§173.150 Enceptions.\nfor clin 3 (Planable.\nDodd, Alice (PHMSA)\nAnd combustible ligado,\nFrom:\n15 - 0061\nSent:\nCiccarone, Michael CTR (PHMSA)\nFriday, March 13, 2015 11:50 AN\nTo:\nHazmat Interps\nSubject:\nFW: Request for Letter of Interpretation\nAlso not in filemaker\nSent: Friday, February 06, 2015 5:00 PM\nFrom: Ciccarone, Michael CTR (PHMSA)\nTo: Hazmat Interps\nSubject: FW: Request for Letter of Interpretation\nShante/Alice,\nPlease submit this for a formal letter of interpretation. Mr. Foster spoke with Adam.\nThanks,\nMike\nSent: Friday, February 06, 2015 3:50 PM\nFrom: Steve Foster [mailto:stevefoster4@msn.com]\nTo: INFOCNTR (PHMSA)\nSubject: Request for Letter of Interpretation\nFebruary 6, 2015\nTO: US Department of Transportation\nPipeline and Hazardous Materials Safety Administration\nRE: Request for Letter of Interpretation Regarding Exceptions for Class 3 Flammable and Combustible\nLiquids\nI am a 3rd party seller on Amazon, marketing liquid essential plant oils, such as peppermint oil, all of which\nhave flash points between 141 and 200 degrees Fahrenheit.\nThe largest single volume of individually packaged product is 4 fluid ounces. The largest single volume of\nreplenishment shipment to Amazon's fulfillment centers is made up of 144 individually packed 4 ounce\nbottles, comprising 4.5 gallons per carton. The largest single shipment to date has included 3 cartons.\nAfter considerable consultation with the helpful people at the PHMSA hotline, it is my understanding that the\nessential oils in question are correctly classified, for Department of Transportation purposes, as combustible\nliquid, nos.\nMy problem is this. Amazon has twice prohibited me from replenishing inventory, and has now delisted one\nof my products for sale and shipment by FBA (Fulfillment by Amazon) on grounds that it is a hazardous\n\n<<<PAGE 3>>>\n\nmaterial subject to restrictive transportation requirements by the United States Department of\nTransportation. They cite as reference 49 U.S.C 5103, specifically 49 CFR 172.101 and 49 CFR 173.\nI am writing to ask for a letter of clarification that I may present to Amazon, verifying that these essential oils\nare correctly classified as \"combustible liquids, nos,\" and as such, qualify for exception under 49 CFR 173.150,\nspecifically: CFR 173.150 (f) (2) which states \"The requirements in this subchapter do not apply to a material\nclassed as a combustible liquid in a non-bulk packaging unless the combustible liquid is a hazardous substance,\na hazardous waste, or a marine pollutant.\"\n\"Non-bulk\" packaging is defined in CFR 171.8 as \"a packaging which has: (1) A maximum capacity of 450 L\n(119 gallons) or less as a receptacle for a liquid; (2) A maximum net mass of 400 kg (882 pounds) or less and a\nmaximum capacity of 450 L (119 gallons) or less as a receptacle for a solid; or (3) A water capacity of 454 kg\n(1000 pounds) or less as a receptacle for a gas as defined in §173.115 of this subchapter.\nAs such, these non-bulk volumes of combustible liquids, nos, are not subject to special shipping or labeling\nrequirements when shipped within the United States:\nSincerely,\nSteve Foster.\nScientific Innovations, LLC\n1825 36th Avenue Ct.\nGreeley, CO 80634\n970 405-6690","truncated":false,"body_characters":5405}