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Interpretation Response #07-0160 ([Charkit Chemical Corporation] [Mr. Steve J. Catania])

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

Interpretation Response Details

Response Publish Date:

Company Name: Charkit Chemical Corporation

Individual Name: Mr. Steve J. Catania

Location State: CT Country: US

View the Interpretation Document

Response text:

Sep 24, 2007


Mr. Steve J. Catania Reference No. 07-0160

Regulatory Compliance Manager

Charkit Chemical Corporation

32 Haviland Street

P.O. Box 90

South Norwalk, CT 06853

Dear Mr. Catania:

This is in response to your August 6, 2007 letter and August 28, 2007 telephone conversation with a member of my staff concerning Class 3 (flammable) liquids placed in packagings in amounts up to 200 grams (0.44 pounds). You ask what exceptions may be used to transport these materials by motor vehicle and aircraft under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). According to your letter, the materials meet the definition of Class 3 material in Packing Group II or III, are used for the research and development of new fragrances and products, and do not meet the definition of another hazard class, a hazardous waste, hazardous substance, or marine pollutant.

The HMR provide a number of exceptions for the transportation of Class 3 materials, depending on their flashpoint and how they are packaged and transported. Specifically, Class 3 materials may be transported in accordance with the small quantity exception in § 173.4, the materials of trade exception in § 173.6, or the limited quantity exception in § 173.150. In addition, certain Class 3 materials may be re-classed as combustible liquids. These exceptions are explained in detail below.

Small Quantity Exception

Under the small quantity exception prescribed in § 173.4, high-integrity packagings containing small amounts of hazardous materials that are packaged as specified are not subject to regulation under the HMR. Class 3 materials that qualify for this exception meet Packing Group II or III and are placed in inner packagings or articles in amounts up to 30 milliters (1 ounce) that are placed in strong outside packagings. The inner packagings must not be liquid full at 55 °C (131 °F) and must have removable closures held securely in place with wire, tape, or other positive means. Cushioning and absorbent material that will not react chemically with the hazardous material and is capable of absorbing the entire contents must surround either each inner packaging or the inside of the outer packaging. The completed package must be capable of completing without leakage or a substantial reduction in effectiveness the drop tests prescribed in § 173 .4(a)(6) from a height of 1.8 meters (5.9 feet). The gross mass of the completed package must not exceed 29 kg (64 pounds). A shipper certifies the package complies with the small quantity exception by marking the outside of the package with the statement "This package conforms to 49 CFR 173.4." When offered or intended for transportation by aircraft, § 173 .4(a)(11) requires that the hazardous materials in these packages must be authorized for transport on board passenger-carrying aircraft. Carriage of the hazardous material in checked or carry-on baggage is not authorized.

Materials of Trade Exception

A material of trade (MOT) is a hazardous material, other than a hazardous waste, that is carried on a motor vehicle: (1) to protect the health and safety of the operator or passengers; (2) to support the operation of maintenance of the motor vehicle, including its auxiliary equipment; or (3) by a private motor carrier in direct support of a principal business that is other than transportation by motor vehicle. See § 171.8. For the Class 3 materials you described, you may utilize the MOTs exception provided the materials are packaged in the manufacturer"s original packaging or a packaging of equal or greater strength and integrity that is leak proof for liquids, securely closed, secured against shifting, and protected from damage. Receptacles, such as cans and bottles, containing MOTs do not require outer packagings if the receptacles are secured against shifting in cages, carts, bins, boxes, or compartments. Non-bulk packagings must be marked with a common name or proper shipping name that identifies the hazardous material it contains, including the letters "RQ" if it contains the reportable quantity of a hazardous substance. The carrier must be informed of the presence of the hazardous material and the requirements contained in § 173.6. The gross mass or capacity of the packaging must not exceed 30 kg (66 pounds) or 30 L (8 gallons). The aggregate gross weight of most MOTs on a motor vehicle may not exceed 200 kg (440 pounds), and may be transported in the same vehicle with other hazardous materials without affecting its eligibility as a MOT.

Limited Quantity Exception

A limited quantity is the maximum amount of a hazardous material for which there is a specific labeling and packaging exception under the HMR. See § 171.8. Section § 173.150(b) authorizes Class 3 materials meeting Packing Groups II and III to be transported as a limited quantity when placed in inner packagings up to 1 L (0.3 gallons) and 5 L (1.3 gallons), respectively, in strong outer packagings that weigh up to but do not exceed 30 kg (66 pounds). When complete, the package must conform to the general packaging requirements prescribed in § 173.24 and 173.24a. When transported by aircraft, the Class 3 material must be authorized for transport on board passenger-carrying aircraft, and the package must conform to the general requirements for transportation by aircraft prescribed § 173.27. Limited quantity packages are excepted from labeling, unless transported by aircraft, and placarding, as prescribed in Subparts E and F of Part 172.

Combustible Liquid Exception

A combustible liquid is a liquid that does not meet the definition of any other hazard class and has a flash point above 60 °C (140 °F) and below 93 °C (200 °F). In addition, a flammable liquid 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). Under § 173.150(0(2), when not transported by vessel or aircraft, a combustible liquid that is not a hazardous substance, hazardous waste, or marine pollutant is not subject to the HMR when placed in a non-bulk package (i.e., a package with a maximum capacity of 450 L (119 gallons) or a maximum net mass of 400 kg (1,000 pounds)).

You mentioned that many of the air carriers your company uses prefer to use the International Air Transport Association"s (IATA"s) Dangerous Goods Regulations. The IATA regulations do not have official standing under the HMR. The regulations recognized by the HMR and authorized in § 171.11 as an alternative to the HMR for transporting hazardous materials by aircraft are the International Civil Aviation Organization"s (ICAO"s) Technical Instructions for the Transport of Dangerous Goods by Air (Technical Instructions). A hazardous material classed, packaged, marked, labeled, described and certified on a shipping paper in accordance with the ICAO Technical Instructions may be offered and accepted for transportation within and through the United States by aircraft provided it also conforms to the requirements prescribed in § 171.11. The ICAO Technical Instructions provide similar exceptions to those prescribed in the HMR for small quantities and limited quantities under Sections 2.4 and 2.5, respectively, but do not prescribe requirements for combustible liquids or MOTs.

I hope this satisfies your request.



Hattie L. Mitchell, Chief

Regulatory Review and Reinvention

Office of Hazardous Materials Standards

173.4, 173.6, 173.150

Regulation Sections

Section Subject
173.150 Exceptions for Class 3 (flammable and combustible liquids)
173.4 Small quantities for highway and rail
173.6 Materials of trade exceptions