[Code of Federal Regulations] [Title 49, Volume 2] [Revised as of October 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 49CFR173.150] [Page 493-494] 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 [[Page 494]] 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, and for transportation on passenger-carrying aircraft 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. (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; (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; 67 FR 15743, Apr. 3, 2002; 67 FR 61013, Sept. 27, 2002]