Couch Helicopter — Hazardous Materials Safety Interpretation

Page 1Ms. Bridgett Couch Couch Helicopter P.O. Box 52 Walcott, AR 72474 Reference No. 17-0012 Dear Ms. Couch: This letter is in response to your February 2, 2017, email and attached letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to reclassifying flammable liquids and placarding. Specifically, you ask about Jet A fuel ('UN1863, Fuel, aviation, turbine engine, 3, III"), which is a flammable liquid that your company transports in shop-built, non-specification tanks. We have paraphrased and answered your questions as follows: Q1. You ask for confirmation that "UN1863, Fuel, aviation, turbine engine, 3, III" can be reclassified as "NA1993, Combustible liquid, n.o.s., (Jet-A Fuel), 3, III." A1. The answer is yes. The Hazardous Materials Table (HMT) allows exceptions for UN1863 material under § 173.150, which authorizes flammable liquids that meet the definition of no other hazard class and that have a flashpoint at or above 38°C (100 °F) to be reclassified as a combustible liquid. Note that when transporting hazardous materials that have been reclassified in accordance with § 173.150, all hazard communications (including placards) should reflect the same identification number—in this case, NA1993. Q2. You ask whether "UN1863, Fuel, aviation, turbine engine, 3, III" can be carried in a non- specification tank. You note that your company uses home-built rather than factory-built non-specification tanks. A2. The answer is no. Hazardous materials described as "UN1863, Fuel, aviation, turbine engine, 3, III" and transported in bulk are subject to Department of Transportation (DOT) specification packaging in accordance with § 173.242. However, in instances where UN1863 material is reclassified as a combustible liquid, non-DOT specification tanks#

Page 2Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3Thank you, Matt From: Casey Couch [mailto:couchhelicopter@yahoo.com] Sent: Thursday, February 02, 2017 10:33 AM To: Nickels, Matthew (PHMSA) Subject: Re: request for letter of interpretation Mailing address: Bridgett Couch Couch Helicopter PO Box 52 Walcott, AR 72474 870-573-6350 Please review the attached request. Thank you Bridgett Couch Couch Helicopter This e-mail and any files transmitted with it are the property of Couch Helicopter Service, Inc. and/or its affiliates, are confidential, and are intended solely for the use of the individual or entity to whom this email is addressed. If you are not one of the named recipients) or otherwise have reason to believe that you have received this message in error, please delete this message immediately from your computer. Any other use, retention, dissemination, forwarding, printing, or copying of this e- mail is strictly prohibited. 1#

Page 4Feb 2, 2017 U.S. DOT PHMSA Office of Hazardous Materials Standards Attn: PHH-10 East Building 1200 New Jersey Avenue, SE. Washington, DC 20590-0001 Dear Sir or Madam: This is a request for clarification regarding placarding of our commercial trucks. We are a private, not for hire company, hauling Jet A fuel interstate for our own use. The tanks on our trucks are home built and not factory spec tanks. In 2011, we were instructed by our DOT safety auditor to placard as NA1993, Combustible Liquid, n.o.s., (Jet-A Fuel), PGIII. Since this time, we have had other DOT officials question the use of NA1993. Some believe we should be using UN1863, Fuel, aviation, turbine engine, 3, PGIII. According to our auditor, it was illegal for us to use UN1863 because our tanks were not spec tanks and could not be leak tested. Other DOT officials have said the home built tanks are not an issue and we should be using UN1863. Therefore, my first question is, can Jet A fuel be reclassified as combustible liquid nos NA1993? Second, can UN1863 be carried in a non-spec tank? We strive to be compliant regarding hazmat regulations. It does not matter to our company which number we placard with, as long as we are legal. At this time, we have had many different opinions of the correct method and we are unsure how to proceed. Any guidance you could provide would be greatly appreciated. Kindest regards, Bridgett Couch Couch Helicopter#