[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR173.150]
[Page 487-488]
TITLE 49--TRANSPORTATION
CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF
TRANSPORTATION
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS--Table of Contents
Subpart D--Definitions Classification, Packing Group Assignments and
Exceptions for Hazardous Materials Other Than Class 1 and Class 7
Sec. 173.150 Exceptions for Class 3 (flammable) and combustible liquids.
(a) General. Exceptions for hazardous materials shipments in the
following paragraphs are permitted only if this section is referenced
for the specific hazardous material in the Sec. 172.101 table of this
subchapter and the material does not meet the definition of another
hazard class except Division 6.1, Packing Group III or Class 8, Packing
Group III.
(b) Limited quantities. Limited quantities of flammable liquids
(Class 3) and combustible liquids are excepted from labeling
requirements, unless offered for transportation or transported by
aircraft, and the specification packaging requirements of this
subchapter when packaged in combination packagings according to this
paragraph. In addition, shipments of limited quantities are not subject
to subpart F (Placarding) of part 172 of this subchapter. Each package
must conform to the packaging requirements of subpart B of this part and
may not exceed 30 kg (66 pounds) gross weight. The following combination
packagings are authorized:
(1) For flammable liquids in Packing Group I, inner packagings not
over 0.5 L (0.1 gallon) net capacity each, packed in strong outer
packagings;
(2) For flammable liquids in Packing Group II, inner packagings not
over 1.0 L (0.3 gallon) net capacity each, packed in strong outer
packaging; and
(3) For flammable liquids in Packing Group III and combustible
liquids, inner packagings not over 5.0 L (1.3 gallons) net capacity
each, packed in strong outer packagings.
(c) Consumer commodities. A limited quantity which conforms to the
provisions of paragraph (b) of this section and is a ``consumer
commodity'' as defined in Sec. 171.8 of this subchapter, may be renamed
``Consumer commodity'' and reclassed as ORM-D material. In addition to
the exceptions provided by paragraph (b) of this section, shipments of
ORM-D materials are not subject to the shipping paper requirements of
subpart C of part 172 of this subchapter, unless the material meets the
definition of a hazardous substance, hazardous waste, marine pollutant,
or are offered for transportation and transported by aircraft, and are
eligible for the exceptions provided in Sec. 173.156.
(d) Alcoholic beverages. An alcoholic beverage (wine and distilled
spirits as defined in 27 CFR 4.10 and 5.11) is not subject to the
requirements of this subchapter if it--
(1) Contains 24 percent or less alcohol by volume;
(2) Is in an inner packaging of 5 L (1.3 gallons) or less for
transportation on passenger-carrying aircraft and conforms to
Sec. 175.10(a)(17) of this subchapter as checked or carry-on baggage; or
(3) Is a Packing Group III alcoholic beverage in a packaging of 250
L (66 gallons) or less, unless transported by air.
(e) Aqueous solutions of alcohol. An aqueous solution containing 24
percent or less alcohol by volume and no other hazardous material--
(1) May be reclassed as a combustible liquid; and
(2) Is not subject to the requirements of this subchapter if it
contains no less than 50 percent water.
(f) Combustible liquids. (1) A flammable liquid with a flash point
at or above 38 deg.C (100 deg.F) that does not meet the definition of
any other hazard class may be reclassed as a combustible liquid. This
provision does not apply to transportation by vessel or aircraft, except
where other means of transportation is impracticable.
(2) 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.
(3) A combustible liquid that is in a bulk packaging or a
combustible liquid that is a hazardous substance, a hazardous waste, or
a marine pollutant is not subject to the requirements of this subchapter
except those pertaining to:
(i) Shipping papers, waybills, switching orders, and hazardous waste
manifests;
(ii) Marking of packages;
(iii) Display of identification numbers on bulk packages;
[[Page 488]]
(iv) For bulk packagings only, placarding requirements of subpart F
of part 172 of this subchapter;
(v) Carriage aboard aircraft and vessels (for packaging requirements
for transport by vessel, see Sec. 176.340 of this subchapter);
(vi) Reporting incidents as prescribed by Secs. 171.15 and 171.16 of
this subchapter;
(vii) Packaging requirements of subpart B of this part and, in
addition, non-bulk packagings must conform with requirements of
Sec. 173.203; and
(viii) The requirements of Secs. 173.1, 173.21, 173.24, 173.24a,
173.24b, 174.1, 177.804, 177.817, 177.834(j), and 177.837(d) of this
subchapter.
(4) A combustible liquid that is not a hazardous substance, a
hazardous waste, or a marine pollutant is not subject to the
requirements of this subchapter if it is a mixture of one or more
components that--
(i) Has a flash point at or above 93 deg.C (200 deg.F),
(ii) Comprises at least 99 percent of the volume of the mixture, and
(iii) Is not offered for transportation or transported as a liquid
at a temperature at or above its flash point.
[Amdt. 173-224, 55 FR 52634, Dec. 21, 1990, as amended at 56 FR 66270,
Dec. 20, 1991; 57 FR 45463, Oct. 1, 1992; Amdt. 173-231, 57 FR 52939,
Nov. 5, 1992; Amdt. 173-233, 58 FR 33305, June 16, 1993; Amdt. 173-241,
59 FR 67508, Dec. 29, 1994; Amdt. 173-242, 60 FR 26806, May 18, 1995;
Amdt. 173-246, 60 FR 49110, Sept. 21, 1995; 64 FR 51919, Sept. 27, 1999;
65 FR 50461, Aug. 18, 2000; 66 FR 33430, June 21, 2001; 66 FR 45382,
Aug. 28, 2001]