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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #07-0095 ([Mr. Rick Kite])

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: Mr. Rick Kite

Location State: KS Country: US

View the Interpretation Document

Response text:

Mr. Rick Kite                          Ref. No.: 07-0095

941 North Firefly

Woodstock, Kansas 67235

Dear Mr. Kite:

This responds to your letter regarding the definition of "aerosol" under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as it applies to a mixture of propane and a small amount of silicon oil used in toy pellet guns. You ask if this product may be shipped as an aerosol if the amount of oil is increased.

As defined in 49 CFR 171.8, an "aerosol" is "any non-refillable receptacle containing a gas compressed, liquefied or dissolved under pressure, the sole purpose of which [underlining added for emphasis] is to expel a nonpoisonous (other than a Division 6.1 Packing Group III material) liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas." You describe the mixture of propane and oil as being used to lubricate toy guns. It is our understanding that this combination of propane and gas, commonly referred to as "green gas", is used primarily to operate and secondarily to lubricate gas-operated Airsoft pellet guns. This product does not meet the definition of "aerosol", as its sole purpose is not to disperse a lubricant. Therefore, the amount of oil with the gas is irrelevant. Also, the shipping description "UN 1950, Aerosols, 2.1," may not be used to describe this product for purposes of transportation in commerce. An appropriate shipping description is "UN1978, Propane mixture, 2.1." See § 172.101(c)(10). Limited quantity and ORM-D exceptions are limited to containers of not more than four fluid ounces capacity. See § 173.306(a). Larger containers must conform to the packaging requirements of §§ 173.304 and 173.305.

I hope this information is helpful. If we can be of further assistance, please contact us.


Edward T. Mazzullo

Director, Office of Hazardous Materials Standards

172.101, 173.306

Regulation Sections

Section Subject
172.101 Purpose and use of hazardous materials table
173.306 Limited quantities of compressed gases