{"operation":"document","citation":"98-0538","title":"Bell Atlantic Network Services, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1998-01-06","effective_on":null,"summary":"98-0538 response to Bell Atlantic Network Services, Inc. concerning 173.184.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0538.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0538.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0538","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1998/980538.pdf","body":"<<<PAGE 1>>>\n\n:\nU.S. Department\nof Transportation\n400 Seventh Street, S.W.\nWashington, D.C.\nSpecial Programs\nResearch and\n20590\n*..\nAdministration\nJAN G 1998\nMs. Patricia A. W. Murphy\nBell Atlantic Network Services, Inc.\n1320 North Court House Road\n4th Floor West-11G\nArlington, VA 22201\nDear Ms. Murphy:\nThis is in response to your letter concerning the requirements for shipping \"Fusee\" under the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180). I apologize for the delay in\nresponding and hope it has not caused any inconvenience.\nYour questions are paraphrased and answered as follows:\nQ1.\nWould a \"liquid-burning flare\" be defined under the HMR as a \"Fusee?\"\nThe HMR does not define the term \"liquid-burning flare.\" As you are aware, a\n\"Fusee\" is a device designed to burn at a controlled rate and to produce visual effects\nfor signaling purposes.\nas a \"Fusee.\"\nUnder the HMR, a \"liquid-burning flare\" may not be described\nHowever, depending on the flash point of the \"liquid\" in the flare, it could be\ndescribed as \"flammable liquid, n.o.s.\", \"Combustible liquid, n.o.s.\" or it could be\nnon-regulated if it does not meet any of the hazard class definitions in Part 173.\nQ2.\nYou asked if Bell Atlantic transports, by motor vehicle, a box of 24 \"Fusees\" from a\nwarehouse to a storeroom and unloads the fusees at the storeroom, are shipping papers,\nlabeling and packaging required under the HMR? Is the weight of the vehicle used in\nrequirements apply?\ndetermining whether the shipping paper, labeling, placarding, and packaging\nA2.\nA box of 24 \"Fusees\" transported by Bell Atlantic by motor vehicle from a warehouse\nto a storeroom and unloaded at the storeroom are subject to the requirements of the\nHMR. In accordance with the HMR, Fusees transported in commerce by highway or\nrailway must be packaged as prescribed in 49 CFR 173.184, and shipping papers,\nlabeling, and placarding requirements apply. However, the weight of the vehicle is not\na determining factor in whether shipping papers, labeling, placarding, and packaging\nrequirements apply.\n•\n!\n\n<<<PAGE 2>>>\n\nor.\nint\nQ3.\nWhen six flares are placed in Bell Atlantic commercial motor vehicles and used as\nemergency warning devices, would packaging and labeling requirements under the\n:\nHMR apply?\n•..\nA3.\nHazardous materials such as \"Fusees\" or \"liquid-burning flares\" required on a\ncommercial motor vehicle for use as warning devices in accordance with 49 CFR\n392.22 and 393.95 are not subject to the requirements of the HMR.\nFor your information, a final rule was published in the Federal Register which\nexpanded the scope of the HMR to intrastate transportation of hazardous materials.\nThe final rule included a definition in § 171.8 for \"Materials of Trade\" (MOTS) and\nexceptions for certain hazardous materials used as MOTS. [Docket HM-200; 62 FR\n1208; 01/08/97; and corrections and responses to petitions for reconsideration, 62 FR\n49560; 09/22/97; copies enclosed]\nMOTS are hazardous materials, other than hazardous wastes, that are carried on a\nmotor vehicle -- (1) For the purpose of protecting the health and safety of the motor\nvehicle operator or passengers; (2) For the purpose of supporting the operation or\nmaintenance of a motor vehicle (including its auxiliary equipment); or (3) By a private\nmotor carrier (including vehicles operated by a rail carrier) in direct support of a\nprincipal business that is other than transportation by motor vehicle.\nCertain forms and quantities of hazardous materials, such as \"Fusees\" in Division 4.1,\nshipped as MOTS are not subject to any other requirements of the HMR (e.g.,\nshipping papers, labeling and placarding). Therefore, the \"Fusees\" transported in Bell\nAtlantic's commercial motor vehicles and used as emergency warning devices meet\nthe MOTS definition and may be shipped as such in accordance with the requirements\nin § 173.6.\nQ4.\nWhat factor determines whether the HMR, or the Federal Motor Carrier Safety\nRegulations (FMCSR), should be used to determine if shipping papers, labeling,\nplacarding and packaging requirements apply?\nA4.\nThe HMR prescribe requirements for shipping papers, labeling, placarding and\npackaging of hazardous materials for. transportation in commerce. The Federal\nHighway Administration is the agency in the Department responsible for compliance\nwith the requirements in the FMCSR, 49 CFR Parts 200-399. The FMCSR, 49 CFR\nParts 390 to 397, address requirements such as maintenance and use of motor carrier\nvehicles, driver qualifications and driving and parking rules.\nI hope this information is helpful. If we can be of further assistance, please contact us.\n:\nEnclosures\nSincerely,\nSubm Hills\nChief, Regulations Development\nOffice of HazardousMaterialsDevelopment\n\n<<<PAGE 3>>>\n\n@ Bell Atlantic\nBell Atlantic Network Services, Inc.\n4th Floor West-11G\n1320 North Court House Road\nPatricia A. W. Murphy\nAssistant Manager - Fleet Operations\nEn guises\n703-974-2850\nArlington, VA 22201\nFederal & State D.O.T. & Hazmat Compliance\nLogistics Management\nFile: 173.184\nFAX 703-974-0313\nNovember 27, 1996\nMr. Edward Mazzulo\nDirector Of Hazmat Standards\nU.S. D.O.T. RSPA\nMail Drop DHM - 10\n400 7th Street, S.W.\nWashington, D.C. 20590\nRE: INTERPRETATION OF 49 C.F.R. $173.184\nDear Mr. Mazzulo,\nThis is a request for an interpretation of 49 C.F.R. §173.184. Following are the questions:\n1. What is Fed DOT's definition of a liquid-burning flare? §173.184 states that a fusee is a device\ndesigned to burn at a controlled rate and to produce visual effects for signaling purposed. We cannot\nfind a definition for a liquid-burning flare.\n2. If Bell Atlantic transports, via a motor vehicle, a box of 24 fusees from a warehouse to a storeroom\nand unloads the fusees at the storeroom, are shipping papers, labeling and packaging required under\nthe hazardous materials regulations? Is the weight of the vehicle a determining factor in the shipping\npaper, labeling, placarding and packaging requirement?\nWhen six flares are placed in Bell Atlantic commercial motor vehicles and used as emergency\nwarning devices is it necessary to package and label the flares according to the hazardous materials\nregulations?\n4.\nWhat is the determining factor in deciding if the Hazardous Materials Regulations, 49 CFR Parts 106\nthrough 180 or the Federal Motor Carrier Safety Regulations, 49 CFR Parts 325 through 399 are to\nbe used in determining if shipping papers, placarding, packaging and labeling apply?\nPlease forward the interpretation to: -\nBell Atlantic Network Services, Inc.\n• Patricia A.W. Murphy, Asst. Mgr.\n1320 North Court House Road, 4\" Floor. W\nArlington, VA 22201\nIf you have any questions I can be reached on 703-974-2850. My fax number is 703-974-0313.\nThanking you in advance for your help in this matter.\nSincerely yours,\nPatricia da I Aperphy\ncc:\nJulien Randolph","truncated":false,"body_characters":6815}