Interpretation Response #25-0164
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: T&R Chemicals Inc.
Individual Name: Dimitri Fotopoulos
Location State: TX Country: US
View the Interpretation Document
Response text:
June 15, 2026
Dimitri Fotopoulus
Engineering and Quality Assurance
T&R Chemicals INC
700 Celum Road
P.O. Box 300
Clint, TX 79836
Reference No. 25-0164
Dear Mr. Fotopoulus:
This letter is in response to your December 23, 2025 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the classification of pine oil. Specifically, you state that your company manufactures and ships pine oil in multiple grades. You state that the pine oil in question has been tested for flammability and has a closed cup flash point of 75 °C. You state that you do not believe that the pine oil in question should be shipped under the Class 3 entry in the hazardous materials table (HMT) for pine oil because the flash point exceeds 60 °C, which is the upper limit to be defined as a flammable liquid. Lastly you state that you are aware that the pine oil may also be classified as a marine pollutant.
We have paraphrased and answered your questions as follows:
Q1. You ask if pine oil with a closed cup flash point of 75 °C should be described as "UN1272, Pine oil, 3, PG III" under the HMR?
A1. In accordance with § 173.22 of the HMR, it is the shipper's responsibility to properly classify and describe a hazardous material. However, based on the information provided, it is the opinion of this Office that the "UN1272, Pine oil, 3, PG III" entry would not be appropriate because your material would not be classed as a flammable liquid. In accordance with § 173.120(a), a flammable liquid (Class 3) means a liquid having a flash point of not more than 60 °C (140 °F). In addition, as stated in § 173.120(b)(1), a combustible liquid means any 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). Lastly, in accordance with § 172.101(d)(4), each reference to a Class 3 material in the hazardous materials table is modified to read "Combustible liquid" when that material has a flash point above 60 °C (140 °F) but below 93 °C (200 °F). Therefore, the description should read "UN1272, Pine oil, Combustible liquid, PG III."
Q2. Should pine oil with a closed cup flash point of 75°C be described as "UN1272, Pine oil, 3, PG III" under the International Maritime Dangerous Goods (IMDG) Code?
A2. Section 2.3.1.2 of the IMDG Code specifically excludes liquids with a flashpoint above 60 °C (140 °F) from the definition of a flammable liquid; therefore, this material is excepted from classification as a Class 3 hazardous material. However, like the HMR, section 2.10.2.3 states that if a liquid marine pollutant does not fall within the criteria for Classes 1 through 8, the material shall be transported under the entry: "UN3082, Environmentally hazardous substance, liquid, n.o.s." For pine oil offered for transport in accordance with the IMDG Code, as pine oil is assigned a "P" in column (4) of the IMDG Code Dangerous Goods List, the material is considered a marine pollutant unless a competent authority has determined that the material no longer meets the criteria for marine pollutants in accordance with 2.10.2.5 of the IMDG Code.
Q3. Do the International Air Transport Association (IATA) Dangerous Goods Regulations (DGR) allow material with a flashpoint of 75 °C to be transported as non-regulated?
A3. Please note that PHMSA does not officially recognize the IATA DGR for purposes of transporting hazardous materials. Therefore, PHMSA cannot offer an interpretation of the IATA DGR. However, § 171.22 of the HMR authorizes use of the International Civil Aviation Organization Technical Instructions (ICAO TI) for the Safe Transport of Dangerous Goods by Air, provided shipments offered under the ICAO TI conform to the applicable requirements of §§ 171.23 and 171.24. Section 3.1.2 in the ICAO TI defines flammable liquids as having a flashpoint of not more than 60 °C from a closed-cup test. Your material would not meet this criteria. However, like the HMR and IMDG Code, the ICAO TI have an entry for liquid environmentally hazardous substances ("UN3082, Environmentally hazardous substance, liquid, n.o.s.") that meet the criteria in international regulations or national regulations established by the appropriate national authority.
Q4. Under the HMR, does shipping pine oil in bulk packaging (e.g., tank truck, Intermediate Bulk Container (IBC), or other bulk container) affect the applicability of the “UN1272, Pine oil” entry or the hazard classification based on the 75 °C flashpoint?
A4. The size of the packaging (bulk vs. non-bulk) has no effect on the classification of the material as a flammable liquid. However, packaging size is relevant in determining applicable transport provisions for combustible liquids under § 173.150(f)(2). While this section generally exempts combustible liquids in non-bulk packaging from HMR requirements, the exemption does not apply if the material is also a hazardous substance, a hazardous waste, or a marine pollutant. Your material is listed as a marine pollutant. However, if your material is transported in non-bulk quantities by motor vehicle, rail, or aircraft, it is not subject to the marine pollutant requirements per § 171.4(c)(1) and is therefore not subject to the HMR in accordance with § 173.150(f)(2). If your material is shipped by vessel or in a bulk quantity, it is subject to the marine pollutant requirements and all the requirements in § 173.150(f)(3) must be met.
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
171.22 171.23 171.24 172.101 172.101(d)(4) 173.22 173.120(a) 173.120(b)(1) 173.150(f)(2)