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Interpretation Response #16-0140 ([Fuchs Lubricants Co.] [Mr. Tony Celo])

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

Interpretation Response Details

Response Publish Date:

Company Name: Fuchs Lubricants Co.

Individual Name: Mr. Tony Celo

Location State: IL Country: US

View the Interpretation Document

Response text:

December 22, 2016

Mr. Tony Celo
Product Stewardship Specialist
Fuchs Lubricants Co.
17050 Lathrop Avenue
Harvey, IL  60426

Reference No. 16-0140

Dear Mr. Celo:

This letter is in response to your August 24, 2016, email and subsequent phone conversation requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to combustible liquids.  Specifically, you ask whether a non-bulk package reclassified as a combustible liquid may display the identification number and proper shipping name marking when transported domestically in accordance with § 173.150(f).  You further explain the package is classified as a flammable liquid when transported internationally.  

Section 173.150(f) specifies that a flammable liquid with a flash point at or above 100 °F and below 140 °F may be reclassed as a combustible liquid except when transported by vessel or aircraft.  Combustible liquids in non-bulk packages are excepted from the requirements of the HMR (including marking and labeling) unless they meet the definition in § 171.8 for a “hazardous waste” or “hazardous substance.”

Although it is not in violation of the HMR to display relevant markings or labels even when not required, please note this may create confusion in the enforcement or emergency response community.  Such confusion may result in issuance of a ticket or frustration of your shipment.  To avoid this confusion, we suggest one of the following options:

1. Remove, obliterate, or securely cover the identification number and proper shipping name; or
2. Leave the marking in place and provide an indication on the package or bill of lading that the material is not regulated for ground transportation in the United States.

I hope this information is helpful.  Please contact us if we can be of further assistance.


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

173.150(f), 171.8

Regulation Sections

Section Subject
171.8 Definitions and abbreviations
173.150 Exceptions for Class 3 (flammable and combustible liquids)