PHMSA Response Letter

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Lt. Jeff McLaughlin
Montana Motor Carrier Services Enforcement Division
2550 Prospect Ave
Helena, MT 59620

Ref. No.: 08-0066

Dear Lt. McLaughlin:

This is in response to your letter dated March 7, 2008, concerning requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of combustible liquids in non-bulk packages. Specifically, you ask if there must be documentation in the transport vehicle to serve as proof that a flammable liquid has been reclassed as a combustible liquid and is being shipped in accordance with the combustible liquid exception.

As you are aware, a flammable liquid with a flash point of 38°C (100°F) or higher that does not meet the definition of any other hazard class may be reclassed as a combustible liquid, as provided by §§ 173.120(b)(2) and 173.150(f)(1). In addition, under § 173.150(f)(2), a combustible liquid, that is not a hazardous substance, hazardous waste, or a marine pollutant and is packaged in a non-bulk packaging, i.e., a packaging having a liquid capacity of 450 L (119 gallons) or less, is not subject to any other requirements in the HMR. Therefore, a combustible liquid, even if it has been reclassed from a flammable liquid to a combustible liquid, does not require special packagings, markings, or documentation.

I hope this information is helpful. Please contact us if you require additional assistance.

Sincerely,

John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards

173.120(b)(2) 173.150(f)(1)