Interpretation Response #07-0111 ([Dr. Lilly Langer])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name:
Individual Name: Dr. Lilly Langer
Location State: NC Country: US
View the Interpretation Document
Response text:
Dr. Lilly Langer Ref.No. 07-0111
106 Sandy Creek Trail
Chapel Hill, NC 27514-5939
Dear Dr. Langer:
This responds to your electronic mail request requesting clarification on whether your LUKAS Berlin Water Mixable Artists' Oil Colours, art. no. 0808-0990, with a flashpoint of 313°C - 315°C is regulated under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you would like a letter confirming your conclusions that these materials are not hazardous and, therefore, should not be confiscated by Transportation Security Administration (TSA) officials when placed in your checked baggage.
Under § 173.22 of the HMR, it is the shipper's responsibility to properly classify a hazardous material. Generally, this office does not perform that function. However, based on the information you provided, we agree that these oil paints do not meet the flammable or combustible liquid criteria found in § 173.120 of the HMR. Further, after reviewing the material safety data sheet (MSDS) you provided for the paints, we do not believe that they meet any of the hazard classes defined in Part 173 of the HMR.
TSA is the agency responsible for security in all modes of transportation, including civil aviation, and has the authority to restrict passengers from carrying materials perceived as security threats. Therefore, TSA officials may confiscate materials that they believe to be security risks even if the materials are not classified as hazardous under the HMR. We recommend that when placing your oil paints in your checked baggage that you inform the carrier's agent when checking in for your flight and that you pack them with a copy of the MSDS and this letter.
I trust this satisfies your request. Please contact us if we can be of further assistance.
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
173.22, 173.120, 175.10