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 § 172.101 Table of this subchapter.
(b) Limited quantities. Limited quantities of flammable liquids (Class 3) and combustible liquids are excepted from labeling requirements, unless the material is offered for transportation or transported by aircraft, and are excepted from the specification packaging requirements of this subchapter when packaged in combination packagings according to this paragraph. For transportation by aircraft, the package must also conform to applicable requirements of § 173.27 of this part (e.g., authorized materials, inner packaging quantity limits and closure securement) and only hazardous material authorized aboard passenger-carrying aircraft may be transported as a limited quantity. A limited quantity package that conforms to the provisions of this section is 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 is offered for transportation and transported by aircraft or vessel, and is eligible for the exceptions provided in § 173.156 of this part. 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. Except for transportation by aircraft, 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 a strong outer packaging;
(2) For flammable liquids in Packing Group II, inner packagings not over 1.0 L (0.3 gallons) net capacity each, packed in a strong outer packaging.
(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 a strong outer packaging.
(c) Consumer commodities. Until December 31, 2013, a limited quantity package containing a “consumer commodity” as defined in § 171.8 of this subchapter, may be renamed “Consumer commodity” and reclassed as ORM-D or, until December 31, 2012, ORM-D-AIR material and offered for transportation and transported in accordance with the applicable provisions of this subchapter in effect on October 1, 2010.
(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, and for transportation on passenger-carrying aircraft conforms to § 175.10(a)(4) 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.
(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 °C (100 °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;
(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 § 176.340 of this subchapter);
(vi) Reporting incidents as prescribed by §§ 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 § 173.203 ;
(viii) The requirements of §§ 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;
(ix) The training requirements of subpart H of part 172 of this subchapter.
(x) Emergency response information requirements of subpart G of part 172.
(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 °C (200 °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]
Editorial Note:For Federal Register citations affecting § 173.150, see the List of CFR Sections Affected which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.
Title 49 published on 2012-10-01
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