{"operation":"document","citation":"17-0012","title":"Couch Helicopter — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2017-06-29","effective_on":null,"summary":"17-0012 response to Couch Helicopter concerning 173.150, 173.241, 173.242.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0012.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0012.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0012","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2017/170012.pdf","body":"<<<PAGE 1>>>\n\nMs. Bridgett Couch\nCouch Helicopter\nP.O. Box 52\nWalcott, AR 72474\nReference No. 17-0012\nDear Ms. Couch:\nThis letter is in response to your February 2, 2017, email and attached letter requesting\nclarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable\nto reclassifying flammable liquids and placarding. Specifically, you ask about Jet A fuel\n('UN1863, Fuel, aviation, turbine engine, 3, III\"), which is a flammable liquid that your\ncompany transports in shop-built, non-specification tanks.\nWe have paraphrased and answered your questions as follows:\nQ1.\nYou ask for confirmation that \"UN1863, Fuel, aviation, turbine engine, 3, III\" can be\nreclassified as \"NA1993, Combustible liquid, n.o.s., (Jet-A Fuel), 3, III.\"\nA1.\nThe answer is yes. The Hazardous Materials Table (HMT) allows exceptions for\nUN1863 material under § 173.150, which authorizes flammable liquids that meet the\ndefinition of no other hazard class and that have a flashpoint at or above 38°C (100 °F) to\nbe reclassified as a combustible liquid. Note that when transporting hazardous materials\nthat have been reclassified in accordance with § 173.150, all hazard communications\n(including placards) should reflect the same identification number—in this case,\nNA1993.\nQ2.\nYou ask whether \"UN1863, Fuel, aviation, turbine engine, 3, III\" can be carried in a non-\nspecification tank. You note that your company uses home-built rather than factory-built\nnon-specification tanks.\nA2.\nThe answer is no. Hazardous materials described as \"UN1863, Fuel, aviation, turbine\nengine, 3, III\" and transported in bulk are subject to Department of Transportation (DOT)\nspecification packaging in accordance with § 173.242. However, in instances where\nUN1863 material is reclassified as a combustible liquid, non-DOT specification tanks\n\n<<<PAGE 2>>>\n\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nThank you,\nMatt\nFrom: Casey Couch [mailto:couchhelicopter@yahoo.com]\nSent: Thursday, February 02, 2017 10:33 AM\nTo: Nickels, Matthew (PHMSA)\nSubject: Re: request for letter of interpretation\nMailing address:\nBridgett Couch\nCouch Helicopter\nPO Box 52\nWalcott, AR 72474\n870-573-6350\nPlease review the attached request.\nThank you\nBridgett Couch\nCouch Helicopter\nThis e-mail and any files transmitted with it are the property of Couch Helicopter Service, Inc. and/or its affiliates, are\nconfidential, and are intended solely for the use of the individual or entity to whom this email is addressed. If you are not one\nof the named recipients) or otherwise have reason to believe that you have received this message in error, please delete this\nmessage immediately from your computer. Any other use, retention, dissemination, forwarding, printing, or copying of this e-\nmail is strictly prohibited.\n1\n\n<<<PAGE 4>>>\n\nFeb 2, 2017\nU.S. DOT\nPHMSA Office of Hazardous Materials Standards\nAttn: PHH-10\nEast Building\n1200 New Jersey Avenue, SE.\nWashington, DC 20590-0001\nDear Sir or Madam:\nThis is a request for clarification regarding placarding of our commercial trucks. We are a private, not\nfor hire company, hauling Jet A fuel interstate for our own use. The tanks on our trucks are home built\nand not factory spec tanks. In 2011, we were instructed by our DOT safety auditor to placard as\nNA1993, Combustible Liquid, n.o.s., (Jet-A Fuel), PGIII. Since this time, we have had other DOT officials\nquestion the use of NA1993. Some believe we should be using UN1863, Fuel, aviation, turbine engine,\n3, PGIII. According to our auditor, it was illegal for us to use UN1863 because our tanks were not spec\ntanks and could not be leak tested. Other DOT officials have said the home built tanks are not an issue\nand we should be using UN1863.\nTherefore, my first question is, can Jet A fuel be reclassified as combustible liquid nos NA1993? Second,\ncan UN1863 be carried in a non-spec tank?\nWe strive to be compliant regarding hazmat regulations. It does not matter to our company which\nnumber we placard with, as long as we are legal. At this time, we have had many different opinions of\nthe correct method and we are unsure how to proceed. Any guidance you could provide would be\ngreatly appreciated.\nKindest regards,\nBridgett Couch\nCouch Helicopter","truncated":false,"body_characters":4270}