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Interpretation Response #03-0308

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 12-12-2003
Individual Name: Mr. Frank Brockmann
Location state: CT    Country: US

View the Interpretation Document

Response text:

Dec 12, 2003


Mr. Frank Brockmann                  Ref. No. 03-0308
418 West Rock Avenue
New Haven, CT 06515

Dear Mr. Brockmann:

This is in response to your letter dated November 25,2003 and corresponding interaction with Ben Supko, requesting clarification on whether your Windsor and Newton oil paint with a flashpoint of 446°F (230°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 at the gate by Transportation Security Administration (TSA) officials when boarding an aircraft.

Under § 173.22 of the HMR, it is the shipper's responsibility to properly classify a hazardous material. This office generally does not perform this function. However, according to the information you have provided, we agree that these oil paints do not meet the criteria found in § 173.120 for flammable or combustible liquids. Further, from your conversation with Mr. Supko and after viewing the Materials Safety Data Sheets for the paints, we do not believe that they meet any of the hazard classes defined in Part 173 of the HMR. From the information you have provided, it is our opinion that these paints should not be classified as hazardous materials.

The Transportation Security Administration (TSA), the agency responsible for security in all modes of transportation, including civil aviation, 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. To be sure that your paints will not be confiscated, you should contact TSA prior to your trip.

I hope this satisfies your request.



Susan Gorsky
Senior Transportation Regulations Specialist
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
§ 173.173 Paint, paint-related material, adhesives, ink and resins.