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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 #12-0230 ([Boreal Aviation, Inc.] [Mr. Bob Henning])

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

Interpretation Response Details

Response Publish Date:

Company Name: Boreal Aviation, Inc.

Individual Name: Mr. Bob Henning

Location State: MI Country: US

View the Interpretation Document

Response text:

January 10, 2013

Mr. Bob Henning
Boreal Aviation, Inc.
401 Ave. F
Gwinn, MI  49841

Reference No.  12-0230

Dear Mr. Henning:

This is in response to your e-mail requesting clarification of the Hazardous Materials Regulations (HMR 49 CFR Parts 171-180) applicable to the transportation by highway or rail of "Fuel, aviation, turbine engine," UN1863, Class 3, when shipped in one gallon metal containers as samples to be analyzed.  You state that the fuel has a flash point of 110 °F.  You cite an interpretation letter issued by this Office on March 26, 1998 and ask whether certain information in that letter is still valid, and whether labeling is required for your packages.  Specifically, you ask for confirmation that the transportation by highway of combustible liquids in non-bulk packagings (see § 171.8 for a definition of "non-bulk packaging") is not regulated under the HMR and that this includes exceptions from conformance to the labeling and training requirements.

In your letter, you state that the 1998 letter advised that a non-bulk packaging of a flammable liquid may be reclassified as a combustible liquid in accordance with § 173.120(b) and that § 173.150(f)(2) states that a combustible liquid is not subject to the HMR when shipped in non-bulk packagings, including training requirements, provided the material is reclassified as a combustible liquid and transported in non-bulk quantities.  The 1998 letter also states that if the material is transported by aircraft, it may not be transported as a combustible liquid unless transportation by other means is impracticable and it would, therefore, be subject to the HMR, including training requirements.  You ask whether the information in this 1998 letter is still valid.   

A combustible liquid is defined as a material that has a flash point above 60 ºC (140 ºF) and below 93 ºC (200 ºF) and does not meet the definition of any other hazard class under the HMR (see § 173.120(b)(1)).  Additionally, 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 also be reclassed as a combustible liquid by highway and rail (see § 173.120(b)(2)).  As such, the transportation by highway and rail of a combustible liquid that is not a hazardous substance, hazardous waste, or a marine pollutant and is packaged in a non-bulk packaging is not subject to any other requirements under the HMR (see § 173.150(f)(2)).  Because the material is excepted from the HMR, the labeling and training requirements also do not apply.

I hope this information is helpful.  Please contact this office should you have additional questions.


T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division 

173.120, 173.150

Regulation Sections

Section Subject
173.120 Class 3-Definitions
173.150 Exceptions for Class 3 (flammable and combustible liquids)