{"operation":"document","citation":"20-0044","title":"Railsback Safety Professionals LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2020-08-05","effective_on":null,"summary":"20-0044 response to Railsback Safety Professionals LLC concerning 172.101, 173.120, 173.150, 173.220, 176.906.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0044.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0044.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0044","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/74196/200044.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nAugust 5, 2020\nRex Railsback\nHazMat Specialist\nRailsback Safety Professionals LLC\n312 Lawrence Avenue\nLawrence, KS 66049\nReference No. 20-0044\nDear Mr. Railsback:\nThis letter is in response to your May 28, 2020, email and follow-up phone call requesting\nclarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable\nto the classification of an engine containing a fuel with a flash point over 100 °F. Specifically,\nyou reference a previous letter of interpretation issued by this office (Letter of Interpretation Ref.\nNo. 20-0034), and request that PHMSA reconsider our position that an engine that contains a\nliquid fuel with a flash point of 125 °F should be classified and described as “UN3528, Engine,\ninternal combustion, flammable liquid powered, 3” for transportation.\nAdditionally, you ask how a shipper should classify an internal combustion engine that contains\nfuel with a flash point of 142 °F. You correctly note that a liquid with a flash point of 142 °F is\nnot a flammable liquid by definition in the HMR, i.e. a liquid with this flash point meets the\ndefinition of a combustible liquid (see § 173.120(b)). You suggest that the classification and\ndescription “UN3528, Engine, internal combustion, flammable liquid powered, 3” is incorrect\nfor engines containing a flammable liquid fuel re-classed as a combustible liquid (e.g., flash\npoint of 125 °F), and for engines with a fuel that meets only the definition of combustible liquid\n(e.g., flash point of 142 °F), because the proper shipping name (PSN) for UN3528 contains the\nwords “flammable liquid.”\nThe entry “UN3528, Engine, internal combustion, flammable liquid powered, 3” was added to\nthe § 172.101 Hazardous Materials Table (HMT) in the HM-215N final rule (82 FR 15796,\nMarch 30, 2017). This entry replaced an existing entry for internal combustion engines,\n“UN3166, Engines, internal combustion, flammable liquid powered, 9.” This amendment to the\nHMR was intended to align the HMR with international transportation requirements, and more\nclearly communicate the flammability hazard associated with the fuel inside the internal\ncombustion engine. International regulations for the transportation of hazardous materials do not\ninclude a “combustible liquid” hazard classification. Therefore, the UN3528 entry added to the\nHMR by HM-215N only references “flammable liquid” as an additional description for the entry.\nHowever, use of UN3528 is not limited to only engines containing flammable liquids while\n\n<<<PAGE 2>>>\n\nexcluding combustible liquids. Engines containing either flammable or combustible liquids are\neligible for the exceptions provided for internal combustion engines in §§ 173.220 and 176.906.\nThe most appropriate HMT entry for an internal combustion engine powered by a flammable or\ncombustible liquid is UN3528 even though the PSN includes the terms flammable liquid. In\naccordance with § 172.101(d)(4), shippers are instructed to modify the hazard class “3” to read\n“Combustible liquid” when that material is reclassified in accordance with § 173.150(e) or (f) of\nthe HMR or has a flash point above 60 °C (140 °F) but below 93 °C (200 °F). However, §\n172.101(d)(4) does not authorize modification of the PSN. Please note that because of the many\nexceptions provided to UN3528, internal combustion engines containing a flammable or\ncombustible liquid are rarely subject to the HMR’s shipping paper requirements. However, in\nthe event that an internal combustion engine containing a combustible liquid is transported with\nan HMR-compliant shipping paper, the shipping description would read “UN3528, Engine,\ninternal combustion, flammable liquid powered, Combustible liquid” instead of “UN3528,\nEngine, internal combustion, flammable liquid powered, 3.” Additionally, please note that the\nHMR authorizes changes to the PSN with the approval of the Associate Administrator in\naccordance § 172.101(l)(2); therefore, a shipper may request a modification of the PSN for\nUN3528 to read “combustible liquid powered,” if the shipper believes it is necessary.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nPatrick\n20-0043\nFrom: INFOCNTR (PHMSA)\nTo: Hazmat Interps\nSubject: FW: Reference No. 20-0034, Letter of Clarification\nDate: Wednesday, June 3, 2020 12:38:11 PM\nHello Alice and Ikeya,\nBelow is a request for Letter of Interpretation. Please assign to Eamonn.\nThanks,\nJonathon, HMIC\nFrom: Rex Railsback [mailto:rex@hazmatgeek.com]\nSent: Thursday, May 28, 2020 3:40 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Reference No. 20-0034, Letter of Clarification\nReference No. 20-0034, Letter of Clarification, A1 to Q1.\nThank you for your timely response to my questions. Unfortunately, you response seems to suggest\na violation of the HMR.\nBy your response, I understand that an engine, internal combustion, combustible liquid powered,\nmeets the definition of a hazardous material, per 171.8, but your statement that the entry of\nUN3528 “Engine, internal combustion, flammable liquid powered, 3\" Is also for an engine, internal\ncombustion, combustible liquid powered, does not seem to fit within the regulations.\nIf as you state in your answer to Q1, that an internal combustion engine, combustible liquid\npowered, meets the hazmat table entry for UN3528 “Engine, internal combustion, flammable liquid\npowered, 3”, how does said entry apply without being in violation of the HMR. Per 173.120(b), I’ve\nnamed and classified my product as an “engine, internal combustion, combustible liquid powered”\nNOT “…flammable liquid powered”.\nSince 172.101(c) & 172.202(a)(2) states that the ONLY place I can obtain a proper shipping name is\nfrom Column 2 of the HMT and since the entry for UN3528 if for an engine, internal combustion,\nflammable liquid powered and not combustible liquid powered, use of said entry per your letter of\nclarification, would appear to be in violation of the HMR. 171.2(b) says “each person who offers…\nmust comply with all …requirements of this subchapter”. 173.120(b) is the section that defines\n“combustible liquid” and if I classify a product as a “combustible liquid”, then it IS NOT a “flammable\nliquid”. 173.120(b)(2), says I can reclass a flammable liquid to a combustible liquid, if the flash point\nis 100 deg. F or higher. Since this section says “reclassed”, this implies that flammable and\ncombustible liquids are two different hazard classes. Additionally, 172.101(d)(4) states that “Each\nreference to a Class 3 material is modified to read “Combustible liquid” when that material is\nreclassified in accordance with §173.150(e) or (f) of this subchapter or has a flash point above 60 °C\n(140 °F) but below 93 °C (200 °F).” So at least two regulations imply that flammable and combustible\n\n<<<PAGE 4>>>\n\nliquids are not one and the same and are two different hazard classes.\nWith the above information, please advised what would be the correct proper shipping name,\nhazard class, UN ID # and PG to use for a product that is properly classed, per 173.120(b), as\nrequired and allowed by the HMR, as “engine, internal combustion, combustible liquid powered”\nSince my original question used a flash point of 125 deg. F, would any of your answers change if the\ncombustible liquid used to power my internal combustion engine, had a flash point of 142 deg. F.\nI am requesting that your answers to this additional question, ref. No. 20-0034, be in writing.\nMy phone number is 913-568-3001\nMy address is 312 Lawrence Ave, Lawrence, KS 66049\nRespectfully\nRex Railsback, HazMat Specialist\n913-568-3001\nrex@hazmatgeek.com\nwww.hazmatgeek.com\nThis electronic message and any files transmitted contains information from Railsback HazMat Safety Professionals,\nLLC which is privileged, confidential or otherwise the exclusive property of the sender or intended recipient. If you\nare not the designated recipient, please be aware that any dissemination, distribution or copying of this\ncommunication is strictly prohibited.\nIf you have received this electronic transmission in error, please notify us by telephone 913-568-3001, or by\nelectronic mail (by replying to the sender) and promptly destroy the original transmission.","truncated":false,"body_characters":8474}