{"operation":"document","citation":"17-0093","title":"Texas Highway Patrol — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2018-03-30","effective_on":null,"summary":"17-0093 response to Texas Highway Patrol concerning 173.241.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0093.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0093.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0093","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/57916/170093.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nPipeline and Hazardou\nMaterials Safet\nAdministration\nMAR 3 0 2018\nDavid Alvarado\nTexas Highway Patrol\n5805 Guadalupe Street\nBuilding N-1\nAustin, TX 78752\nReference No. 17-0093\nDear Mr. Alvarado:\nThis letter is in response to your August 24, 2017, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to Special Provision\nB1 as it relates to \"UN 1863, Fuel, aviation, turbine engine, 3, III\" and a prévious interpretation\nletter, 17-0012.\nWe have paraphrased and answered your questions as follows:\nQ1.\nYou ask if the shipper is required to reclassify the material as \"NA 1993, Combustible\nliquid, n.o.s. (Jet-A Fuel) III\" for communication purposes if Special Provision B1\napplies.\nA1.\nThe answer is no. Special Provision B1 does not require material to be reclassified. The\nmaterial may be reclassified to a combustible liquid under the provisions of § 173.150(1)\nif desired.\nQ2.\nYou ask if the shipper could use the description \"UN 1863, Fuel, aviation, turbine engine,\n(Jet-A Fuel), 3, III\" and transport the material in a non-DOT specification package in\naccordance with § 173.241 if Special Provision B1 applies.\nA2.\nThe answer is yes. If the material has a flashpoint between 38 °C and 93 °C, then it may\nbe transported under § 173.241. The material does not have to be reclassified as a\ncombustible liquid.\nQ3.\nYou ask how the shipper should communicate the flash point of the material to indicate\nthat it is within the limits of Special Provision B1 to allow packaging under § 173.241.\n\n<<<PAGE 2>>>\n\nA3.\nIn accordance with § 173.22, it is the shipper's responsibility to properly classify a\nhazardous material. If the material is reclassified and shipped in a bulk packaging, then it\nis still subject to shipping paper requirements and should be described as a combustible\nresults from one of the authorized tests (see § 173.120(c)) can be used to confirm a\nliquid. If the material is not reclassified, then a Safety Data Sheet (SDS) containing\nmaterial's flash point is within the prescribed range. It should be noted that under the\nHMR, SDSs are not required to be included with a shipment of hazardous materials. The\nrequirements for SDSs are promulgated by the Occupational Safety and Health\nAdministration and can be found in 29 CFR 1910.1200.\nIn addition, letter of interpretation 17-0012 will be reissued to include reference to the Special\nProvision.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\ntense Poster\nT. Glenn Foster\nChief, Regulatory Review and Reinvention\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nwolcaft\n§173.241\nPackaging spees\nDodd, Alice (PHMSA)\n17-0093\nSent:\nFrom:\nINFOCNTR (PHMSA)\nTo:\nHazmat Interps\nMonday, August 28, 2017 9:23 AM\nSubject:\nFW: Interpretation Reference 17-0012, June 29, 2017 to Ms. Bridgett Couch\nAttachments:\n170012.pdf\nHi Alice,\nPlease submit this as a letter of interpretation. Let me know if you have questions.\nThanks,\nJodi\nFrom: Alvarado, David (CVE) [mailto:David.Alvarado@dps.texas.gov]\nSent: Thursday, August 24, 2017 3:40 PM\nTo: INFOCNTR (PHMSA) < INFOCNTR.INFOCNTR@dot.gov>\nSubject: Interpretation Reference 17-0012, June 29, 2017 to Ms. Bridgett Couch\nDear Sir or Madam,\nIn the attached interpretation (17-0012, June 29, 2017 to Ms. Bridgett Couch) you responded under Q2 that a\nnon-DOT specification tank was not authorized to transport \"UN 1863, Fuel, aviation, turbine engine, 3, IlI\" in\nbulk since §173.242(b) requires a DOT specification package.\nMy questions will be in regards to Special Provision \"B1\" that is listed in column 7 of the 172.101 Hazardous\nMaterial Table under \"UN 1863, Fuel, aviation, turbine engine, 3, III\".\nSpecial Provision \"B1\" states as follow: B1. If the material has a flash point at or above 38 °C (100 °F) and\nbelow 93 °C (200 °F), then the bulk packaging requirements of §173.241 of this subchapter are\napplicable. If the material has a flash point of less than 38 °C (100 °F), then the bulk packaging\nrequirements of §173.242 of this subchapter are applicable.\nQuestion 1 -The HM listed in the interpretation has a flash point at or above 38 °C (100 °F) and below 93 °C\n(200 °F) were Special Provision \"B1\" would apply since it's in a bulk package but it appears that it was not\ntaken into consideration when interpretation #17-0012 was written. I would like to know the reasoning for its\n§173.241?\nomission since Special Provision \"B1\" would allow a non-DOT specification package to transport this HM under\nQuestion 2- If Special Provision \"B1\" applies and is allowed, would the shipper be required to reclassified the\nhazardous materials as \"NA 1993, Combustible Liquid, n.o.s., (Jet-A Fuel), 3, III\" to communicate that it has\nbeen reclassified for the purpose of using a non-DOT specification package as allowed by $173.241?\nQuestion 3 - If Special Provision \"B1\" applies and is allowed, could the shipper use shipping description \"UN\n1863, Fuel, aviation, turbine engine, 3, III\" and still have the ability to use §173.241 and transport it in a non-\nDOT specification package?\nof 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\nQuestion 4 - If answer to \"Question 3\" is yes and allowed, how does the shipper communicate the flash point\n§173.241 can be used and transport it in a non-DOT specification package?\n\n<<<PAGE 4>>>\n\nI appreciate your consideration of the questions and please contact me if you have any questions.\nThank you,\nDavid M. Alvarado, Sergeant\nCommercial Vehicle Enforcement Training\nTexas Highway Patrol\n5805 Guadalupe St. Building N-1\n(512) 486-6480 Office\nAustin, TX. 78752\n(512) 924-1287 Mobile\n2","truncated":false,"body_characters":5795}