Texas Highway Patrol — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 1200 New Jersey Avenue, SE Washington, DC 20590 Pipeline and Hazardou Materials Safet Administration MAR 3 0 2018 David Alvarado Texas Highway Patrol 5805 Guadalupe Street Building N-1 Austin, TX 78752 Reference No. 17-0093 Dear Mr. Alvarado: This letter is in response to your August 24, 2017, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to Special Provision B1 as it relates to "UN 1863, Fuel, aviation, turbine engine, 3, III" and a prévious interpretation letter, 17-0012. We have paraphrased and answered your questions as follows: Q1. You ask if the shipper is required to reclassify the material as "NA 1993, Combustible liquid, n.o.s. (Jet-A Fuel) III" for communication purposes if Special Provision B1 applies. A1. The answer is no. Special Provision B1 does not require material to be reclassified. The material may be reclassified to a combustible liquid under the provisions of § 173.150(1) if desired. Q2. You ask if the shipper could use the description "UN 1863, Fuel, aviation, turbine engine, (Jet-A Fuel), 3, III" and transport the material in a non-DOT specification package in accordance with § 173.241 if Special Provision B1 applies. A2. The answer is yes. If the material has a flashpoint between 38 °C and 93 °C, then it may be transported under § 173.241. The material does not have to be reclassified as a combustible liquid. Q3. You ask how the shipper should communicate the flash point of the material to indicate that it is within the limits of Special Provision B1 to allow packaging under § 173.241.#

Page 2A3. In accordance with § 173.22, it is the shipper's responsibility to properly classify a hazardous material. If the material is reclassified and shipped in a bulk packaging, then it is still subject to shipping paper requirements and should be described as a combustible results from one of the authorized tests (see § 173.120(c)) can be used to confirm a liquid. If the material is not reclassified, then a Safety Data Sheet (SDS) containing material's flash point is within the prescribed range. It should be noted that under the HMR, SDSs are not required to be included with a shipment of hazardous materials. The requirements for SDSs are promulgated by the Occupational Safety and Health Administration and can be found in 29 CFR 1910.1200. In addition, letter of interpretation 17-0012 will be reissued to include reference to the Special Provision. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, tense Poster T. Glenn Foster Chief, Regulatory Review and Reinvention Standards and Rulemaking Division#

Page 3wolcaft §173.241 Packaging spees Dodd, Alice (PHMSA) 17-0093 Sent: From: INFOCNTR (PHMSA) To: Hazmat Interps Monday, August 28, 2017 9:23 AM Subject: FW: Interpretation Reference 17-0012, June 29, 2017 to Ms. Bridgett Couch Attachments: 170012.pdf Hi Alice, Please submit this as a letter of interpretation. Let me know if you have questions. Thanks, Jodi From: Alvarado, David (CVE) [mailto:David.Alvarado@dps.texas.gov] Sent: Thursday, August 24, 2017 3:40 PM To: INFOCNTR (PHMSA) < INFOCNTR.INFOCNTR@dot.gov> Subject: Interpretation Reference 17-0012, June 29, 2017 to Ms. Bridgett Couch Dear Sir or Madam, In the attached interpretation (17-0012, June 29, 2017 to Ms. Bridgett Couch) you responded under Q2 that a non-DOT specification tank was not authorized to transport "UN 1863, Fuel, aviation, turbine engine, 3, IlI" in bulk since §173.242(b) requires a DOT specification package. My questions will be in regards to Special Provision "B1" that is listed in column 7 of the 172.101 Hazardous Material Table under "UN 1863, Fuel, aviation, turbine engine, 3, III". Special Provision "B1" states as follow: B1. If the material has a flash point at or above 38 °C (100 °F) and below 93 °C (200 °F), then the bulk packaging requirements of §173.241 of this subchapter are applicable. If the material has a flash point of less than 38 °C (100 °F), then the bulk packaging requirements of §173.242 of this subchapter are applicable. Question 1 -The HM listed in the interpretation has a flash point at or above 38 °C (100 °F) and below 93 °C (200 °F) were Special Provision "B1" would apply since it's in a bulk package but it appears that it was not taken into consideration when interpretation #17-0012 was written. I would like to know the reasoning for its §173.241? omission since Special Provision "B1" would allow a non-DOT specification package to transport this HM under Question 2- If Special Provision "B1" applies and is allowed, would the shipper be required to reclassified the hazardous materials as "NA 1993, Combustible Liquid, n.o.s., (Jet-A Fuel), 3, III" to communicate that it has been reclassified for the purpose of using a non-DOT specification package as allowed by $173.241? Question 3 - If Special Provision "B1" applies and is allowed, could the shipper use shipping description "UN 1863, Fuel, aviation, turbine engine, 3, III" and still have the ability to use §173.241 and transport it in a non- DOT specification package? of the HM to indicate that it has a flash point at or above 38 °C (100 °F) and below 93 °C (200 °F) so that Question 4 - If answer to "Question 3" is yes and allowed, how does the shipper communicate the flash point §173.241 can be used and transport it in a non-DOT specification package?#

Page 4I appreciate your consideration of the questions and please contact me if you have any questions. Thank you, David M. Alvarado, Sergeant Commercial Vehicle Enforcement Training Texas Highway Patrol 5805 Guadalupe St. Building N-1 (512) 486-6480 Office Austin, TX. 78752 (512) 924-1287 Mobile 2#