Fuel Nozzles Containing Residual Fuel

This is in response to your January 15, 2003 letter and telephone conversation with a member of my staff concerning the shipment via motor carrier of individual fuel nozzles that have been drained but could contain a residual amount of diesel fuel. The material safety data sheet you subsequently submitted states the diesel fuel has a flash point of 125°F and meets the definition for a Class 3 (flammable) material. You asked if the fuel nozzles that are in sealed plastic bags and packed in non-bulk fiberboard boxes are excepted from the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).

The answer is yes. As you are aware, a flammable liquid (Class 3) with a flash point at or above 38°C (100°F) that does not meet the definition of any other hazard class may be reclassed as a combustible liquid (see § 173.120(b)(2)). Under § 173.150(f)(2), a combustible liquid, that is not a hazardous substance, hazardous waste, or a marine pollutant and is packaged in a non-bulk packaging, i.e., a packaging having a liquid capacity of 450 L (119 gallons) or less, is not subject to the requirements contained in the HMR.

I hope this satisfies your request.