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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 #07-0111 ([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.


Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards

173.22, 173.120, 175.10

Regulation Sections

Section Subject
173.120 Class 3-Definitions
173.22 Shipper's responsibility
175.10 Exceptions for passengers, crewmembers, and air operators