{"operation":"document","citation":"16-0094","title":"Edmundo B. Fernandez, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2016-09-15","effective_on":null,"summary":"16-0094 response to Edmundo B. Fernandez, Inc. concerning 173.150.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0094.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0094.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0094","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/160094.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nPipeline and Hazardous\nMaterials Safety\nAdministration\nSEP 1 5 2016\nMónica Fernández\nEdmundo B. Fernández., Inc.\nP.O. Box 368\nBayamón, PR 00960-0368\nReference No. 16-0094\nDear Ms. Fernández:\nThis letter is in response to your May 30, 2016, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to alcoholic beverages. Your\nquestions are paraphrased and answered as follows:\nQ1. You ask whether alcoholic beverages utilizing the exception in § 173.150(d) are\nconsidered a hazardous material for vessel transportation and, therefore, require the\nassociated hazardous materials fee.\nAl.\nThe HMR apply to the shipment and transportation of hazardous materials in\ncommerce. Alcoholic beverages are Class 3 flammable liquids and are subject to the\nHMR when shipped and transported in commerce. However, § 173.150(d) states that\nalcoholic beverages are excepted from the requirements in Subchapter C of the 49 CFR\nprovided the conditions of the exception are met.\nHazmat handling fees are neither mandated nor regulated by the HMR. The Pipeline\nand Hazardous Materials Safety Administration (PHMSA) does not have jurisdiction\nover shipping charges imposed by carriers and cannot provide any relief from such\nfees.\nQ2.\nYou ask whether 86 proof rum containing 43% alcohol packaged in 750 ml bottles,\nwith 12 bottles to a case, may utilize the exception in § 173.150(d)(1) for vessel\ntransportation if all three conditions of paragraph (d)(1) are not met.\nA2.\nFor transportation by motor vehicle, rail, or vessel, § 173.150(d)(1) excepts an\nalcoholic beverage (as defined in 27 CFR 4.10 and 5.11) from all requirements of this\nsubchapter if it meets any one of the following conditions: (1) contains 24% or less\nalcohol by volume; (2) is in an inner packaging of 5 L (1.3 gallons) or less; or (3) is a\nPacking Group III alcoholic beverage in a packaging of 250 L (66 gallons) or less.\n\n<<<PAGE 2>>>\n\nQ3. You ask whether alcoholic beverages meeting the exception in § 173.150(d)(1) require\nadditional hazardous materials communication.\nA3.\nThe answer is no. When transporting or offering for transportation a material that is\nnot subject to the requirements of the subchapter, a shipper or carrier is not obligated to\ncomply with the HMR beyond specific applicable provisions. For example, when you\nmeet one of the three exceptions listed in § 173.150(d)(1), none of the other provisions\nof the HMR apply for transportation by rail, highway, or vessel.\nQ4.\nYou ask when the exception in § 173.150(d) was created.\nA4.\nThe HMR have included exceptions for alcoholic beverages in containers not\nexceeding one gallon since the 1970s. The exception for alcoholic beverages moved to\n§ 173.150(d) before October 1, 1991. However, these provisions have undergone\nseveral revisions to better harmonize with the international regulations. On December\n29, 1994, a final rule entitled, \"Implementation of the United Nations\nRecommendations, IMDG Code, and ICAO Technical Instructions,\" published in the\nFederal Register under Docket No. HM-215A amended the exception to include\nalcoholic beverages in packages not exceeding 5 liters [59 FR 36488]. On March 11,\n2013, a final rule entitled, \"Hazardous Materials: Miscellaneous Amendments (RRR),\"\npublished in the Federal Register under Docket No. PHMSA-2011-0138 (HM-218G)\nseparated the requirements for aircraft from the requirements for highway, rail, and\nvessel to better harmonize with the International Civil Aviation Organization Technical\nInstructions (ICAO TI)[78 FR 15303].\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\ntenn Tast\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nGehman\n173.150\nGoodall, Shante CTR (PHMSA)\nExceptions For Class 3\nFrom:\nRivera, Jordan CTR (PHMSA)\n16-0094\nSent:\nWednesday, June 01, 2016 1:57 PM\nTo:\nHazmat Interps\nSubject:\nFW: Alcoholic Beverage (Rum) Maritime transportation\nHi Shante/Alice,\nPlease submit this for a letter of interpretation. Mr./Ms. Fernandez spoke with Isaac in the Info Center.\nPlease let me know if you have any questions.\nThanks,\nJordan\nFrom: Manuel Fernandez [mailto:ebfinc@outlook.com]\nTo: INFOCNTR (PHMSA)\nSent: Tuesday, May 31, 2016 4:39 PM\nSubject: Re: Alcoholic Beverage (Rum) Maritime transportation\nOur mailing address is\nEdmundo B. Fernández, Inc.\nP.O. Box 368\nBayamón, P.R. 00960-0368\nTel 787-785-3490\nThanks,\nMónica Fernández,\nEdmundo B. Fernández, Inc.\nFrom: INFOCNTR (PHMSA) < INFOCNTR.INFOCNTR@dot.gov>\nSent: Tuesday, May 31, 2016 10:58 AM\nTo: Manuel Fernandez\nSubject: RE: Alcoholic Beverage (Rum) Maritime transportation\nDear Monica,\nWe have received your request for a written letter of interpretation regarding the hazardous materials regulations (49\nCFR Parts 171-180). The hazardous materials regulations are available at the following URL:\nhttp://phmsa.dot.gov/regulations\n1\n\n<<<PAGE 4>>>\n\nPHMSA - Regulations\nphmsa.dot.gov\nPHMSA is responsible for regulating and ensuring the safe and\nsecure movement of hazardous materials to industry and\nconsumers by all modes of transportation ...\nIn order for your request to be submitted you must respond to this email with a mailing address and phone number\nwhere you can be reached.\nreceived by the Office of Hazardous Materials Standards. However, delivery time of a written interpretation can vary\nTypically, written letters of interpretation are responded to at minimum of approximately 8 weeks from when they are\nmarkedly based on topic complexity and the backlog of letters to be completed.\nSincerely,\nJordan, Hazardous Materials Specialist\nAn e-mail response from this office is considered informal guidance. Formal guidance may be requested in accordance\nwith 49 CFR 105.20. http://phmsa.dot.gov/hazmat/regs/interps\nFrom: Manuel Fernandez [mailto:ebfinc@outlook.com]\nTo: PHMSA HM InfoCenter\nSent: Monday, May 30, 2016 11:18 AM\nSubject: Fw: Alcoholic Beverage (Rum) Maritime transportation\nWe would like to have a formal interpretation in writing regarding the laws of transporting alcoholic beverage\nvia maritime transportation. Is it considered hazardous material or not therefore requiring extra cost for\ntransporting hazardous materials.\nWe have always declared it as hazardous but have several clients in the US and Europe claiming it should not\nbe considered hazardous to avoid extra costs. We have contacted several freight forwarders, read the CFR\nand there is no clear answer. Even with your hazardous specialist by phone one said it was hazardous and as I\nkept asking questions the person changed the position therefore it was not very reassuring what is the correct\nversion.\nOur rum is 43% alc./vol ., (86 proof) and is packaged in 12/750ML glass bottles in a carton case when shipped\nto the U.S. and 12/700ML case to Spain/Europe. The UN3065 applies to alcoholic beverages as hazardous\nmaterials. We were told that the 49 CFR 173.150 exception would apply to our case because the inner\npackaging (each bottle) is less than 5 Liters. First of all I would like to clarify that this exception applies when\nyou meet only one of the three options. If this exception does apply, does it require other paperwork,\nlabeling, etc. ?? When was the 49 CFR 173.150 exception created?\n2\n\n<<<PAGE 5>>>\n\nPlease let us know how to correctly ship the rum to comply with the US and International laws.\nRegards,\nMónica Fernández\nEdmundo B. Fernández, Inc.\nFrom: Rivera, Jordan CTR (PHMSA) < jordan.rivera.ctr@dot.gov>\nSent: Thursday, May 12, 2016 3:47 PM\nTo: Manuel Fernandez\nSubject: RE: Alcoholic Beverage (Rum) Maritime transportation\nDear Monica,\nWe have received your inquiry about the hazardous materials regulations (49 CFR Parts 171-180). The hazardous\nmaterials regulations are available at the following URL:\nhttp://phmsa.dot.gov/regulations\nPHMSA - Regulations\nphmsa.dot.gov\nPHMSA is responsible for regulating and ensuring the safe and\nsecure movement of hazardous materials to industry and\nconsumers by all modes of transportation...\nA hazardous materials regulatory specialist would be happy to speak with you regarding your inquiry. You may contact\nthe Hazardous Materials Information Center, which is staffed with regulatory specialists who can quickly answer your\nquestions by phone, Monday through Friday, 9 AM - 5PM EST at (800) 467-4922 or (202) 366-4488. Alternatively, if you\nwould like a regulatory specialist to contact you directly, please respond to this e-mail with a telephone number where\nyou can be reached between 9 AM and 5 PM EST.\nSincerely,\nJordan, Hazardous Materials Specialist\n\n<<<PAGE 6>>>\n\n.. '\nAn e-mail response from this office is considered informal guidance. Formal guidance may be requested in accordance\nwith 49 CFR 105.20. http://phmsa.dot.gov/hazmat/regs/interps\nFrom: Manuel Fernandez [mailto:ebfinc@outlook.com]\nSent: Thursday, May 12, 2016 11:14 AM\nTo: PHMSA HM InfoCenter\nSubject: Alcoholic Beverage (Rum) Maritime transportation\nWe are rum producer in Puerto Rico. We have always classified our rum as hazardous materials when\nshipping via vessel. Currently we have a client is Spain that do not want to pay the extra cost of shipping the\nmerchandise as hazardous and they claim that rum should not be classified as hazardous.\nCan you provide us what are the correct guidelines when shipping rum to Spain and the U.S. via vessel. Our\nrum is 43% alc./vol (86 proof) and is packaged in 12/750ML case to the US and 12/700ML case to Spain.\nThanks,\nMónica Fernández\nEdmundo B. Fernández, Inc.","truncated":false,"body_characters":9661}