Texas Highway Patrol — Hazardous Materials Safety Interpretation

Page 1Texas Highway Patrol 6200 Guadalupe Street Building P Austin, TX 78752 Reference No. 17-0077 Dear Mr. Gibson: This letter is in response to your July 26 and 27, 2017, emails requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to combustible liquids. Specifically, you ask about reclassification and enforcement of Class 3 Flammable Liquids. We have paraphrased and answered your questions as follows: Q1. You ask if it is permitted to reclassify a material listed in the Hazardous Materials Table (HMT; § 172.101) as a flammable liquid to a combustible liquid, while still listing the material as a Class 3 in the proper shipping description. Al. The answer is no. As specified in § 172.202(a)(3), the hazard class listed in the proper shipping name must match the hazard class or division prescribed for the material as shown in Column (3) of the HMT in § 172.101. According to § 172.101(d)(4), each reference to a Class 3 material is modified to read "Combustible liquid" when that material is reclassified in accordance with § 173.150(e) or (f) or has a flash point above 60 °C (140 °F) but below 93 °C (200 °F). Q2. You ask how a shipper should communicate to a roadside enforcement official that a material has been reclassified as a combustible liquid. A2. In accordance with § 173.22, it is the shipper's responsibility to properly classify a hazardous material. If the reclassified material is shipped in a bulk packaging, then it is still subject to shipping paper requirements and should be described as a combustible liquid. See A1. The requirements in this subchapter do not apply to a material classed as a combustible liquid in a non-bulk packaging unless the material is a hazardous substance, a hazardous waste, or a marine pollutant. A test report can be used to confirm#

Page 2Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Standards and Rulemaking Division#

Page 3Please submit this as a letter of interpretation. Please let me know if you have any questions. Thanks, Jodi From: brad.gibson dps.texas.gov Sent: Thursday, July 27, 2017 12:07 PM To: INFOCNTR (PHMSA) < INFOCNTR.INFOCNTR@dot.gov> Subject: PHMSA Written Interpretation Request Clarification Attention: Jodi Interpretation request clarification. Packages: Bulk: The following packages authorized by 173.242 • Cargo tank specifications MC300, MC301, MC302, MC303, MC304, MC305, МС306, МС307, МC310, MC311, MC312, MC330, MC331, DOT 406, DOT 407 and DOT 412. • IBCs with Code Number 31. • Portable tanks DOT 51, DOT56, DOT57, DOT60, IM101, IM102 and UN Portable Tanks. Non-bulk: The following packages authorized by 173.203 • Combination packages with the following identification codes for: • Outer Packages: 1A1, 1A2, 1B1, 1B2, IN1, IN2, ID, 1G, 1H1, 1H2, 2C2, 3A1, 3A2, 3H1, 3H2, 3B1, 3B2, 4A, 4B, 4C1, 4C2, 4D, 4F, 4G, 4H1, 4H2 and 4N. • Inner Packages: glass or earthenware receptacles, plastic receptacles, metal receptacles and glass ampoules. • Single packages with the following identification codes: • 1A1, 1A2, 1B1, 1B2, 1N1, 1H1, 1H2, 1G (with liner), 2C1, 3A1, 3A2, 3H1, 3H2, 3B1, 3B2, 6HA1, 6HB1, 6HG1, 6HH1, 6HA2, 6HB2, 6HC, 6HD2, 6HG2, 6PA1, 6PB1, 6PG1, 6PA2, 6PB3, 6PC, 6PG2, 6PH1, 6PH2, 6HD1, 6PD1, 6PD2. Mailing Address: Brad Gibson 6200 Guadalupe St., Building P Austin, TX 78752 Thank you! Brad Gibson#

Page 4To whom it concerns, Please allow this email to serve as a request for a formal written interpretation from PHMSA concerning the two following questions. 1. How does, or rather how can, a shipper communicate to a roadside enforcement official that a material listed in the 172.101 table as a flammable liquid, such as diesel fuel, has been reclassified as a combustible liquid? 2. Is there any way a shipper can reclassify a material listed in the 172.101 table as a flammable liquid, as a combustible liquid, but still list 3 as the material's hazard class in the proper shipping description on the shipping paper? Thank you. Brad Gibson Sergeant, Texas Highway Patrol Commercial Vehicle Enforcement Training Unit (512) 486-6481 - Office (Austin) (512) 424-2539 - CVE Training (Austin) brad.gibson@dps.texas.gov#