Interpretation Response #25-0093

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

Interpretation Response Details

Response Publish Date: 02/26/2026

Company Name: Top Patch

Individual Name: Jack Miltz

Location State: FL Country: US

View the Interpretation Document

Response text:

February 26, 2026

Jack Miltz
Top Patch
5196 Le Tourneau Circle
Tampa, FL  33610

Reference No. 25-0093

Dear Mr. Miltz:

This letter is in response to your June 10, 2025 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to United Nations (UN) specification packaging. Specifically, you ask whether a 23 lb. mixture that contains 8 lbs. of "UN1866 Resin solution, combustible liquid, PG III" is required to be packaged in a UN specification 5-gallon pail?

No, provided your material has been properly reclassed as a combustible liquid and does not meet the definition of a hazardous substance, hazardous waste, or marine pollutant. As specified in § 173.150(f)(1), 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 when transported by ground. Furthermore, § 173.150(f)(2) states that a combustible liquid in a non-bulk packaging is not subject to the HMR unless it is a hazardous substance, hazardous waste, or marine pollutant.

You also mention in your request that you ship one plastic bottle containing 180 g of "UN3104 Organic Peroxide, Type C, Solid, 5.2 (Benzoyl Peroxide)" per 5-gallon pail. Please note that this is a fully regulated material and, therefore, the bottles must comply with all applicable requirements of the HMR

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

Sincerely,

Alexander Wolcott
Acting Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

Regulation Sections