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Interpretation Response #15-0051 ([Scientific Innovations, LLC] [Mr. Steve Foster])

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

Interpretation Response Details

Response Publish Date:

Company Name: Scientific Innovations, LLC

Individual Name: Mr. Steve Foster

Location State: CO Country: US

View the Interpretation Document

Response text:

June 15, 2015

Steve Foster
Scientific Innovations, LLC
1825 36th Avenue Ct.
Greeley, CO 80634

Ref. No. 15-0051

Dear Mr. Foster:

This responds to your February 6, 2015 e-mail requesting clarification on the exceptions for Class 3 flammable and combustible liquids under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether the "liquid essential plant oils" described in your e-mail can be classed as "Combustible liquid, n.o.s." and as such, be excepted from the requirements of the HMR (e.g., shipping papers, marking, labeling, placarding, etc.) when transported in non-bulk packaging under § 173.150(f)(2).

Under § 173.22, it is the shipper's responsibility to classify a hazardous material. This Office does not normally perform this function. However, the answer to the first portion of your question is yes, if the material described in your e-mail is consistent with the definition of a combustible liquid under § 173.120(b)(1). Section 173.120(b)(1) provides that a combustible liquid is "any liquid that does not meet the definition of any other hazard class specified in this subchapter [the HMR] and has a flash point above 60 °C (140 °F) and below 93 °C (200 °F)." Furthermore, § 173.150(f)(2) states that the "requirements in this subchapter do not apply to a material classed as a combustible liquid in a non-bulk packaging unless the combustible liquid is a hazardous substance, a hazardous waste, or a marine pollutant." Thus, if the material described in your e-mail meets the definition of a combustible liquid and is not a hazardous substance, a hazardous waste, or a marine pollutant as defined in the HMR, it is the opinion of this Office that this material is a combustible liquid and would not be subject to the requirements of the HMR when transported in non-bulk packaging.

I hope this answers your inquiry. If you need additional assistance, please contact this Office again.


Dirk Der Kinderen
Acting Chief, Standards Development Branch
Standards and Rulemaking Division

173.22, 173.120(b)(1), 173.150(f)(2)

Regulation Sections

Section Subject
173.120 Class 3-Definitions
173.150 Exceptions for Class 3 (flammable and combustible liquids)
173.22 Shipper's responsibility