PHMSA letter of interpretation

Clarification of the Exceptions for Flammable and Combustible Liquids

Pipeline and Hazardous Materials Safety Administration · Jul 22, 1992 · Reference No. 92-0107

PHMSA says to use caution with this letter.

Interprets: 49 CFR § 171.8, 49 CFR § 173.150

Reggie’s quick take

Someone asked how the flammable and combustible liquid exceptions in 49 CFR 173.150 apply. PHMSA said that under § 173.150(f), a flammable liquid with a flash point at or above 100°F and below 140°F may be reclassed as a combustible liquid, except for transport by vessel or aircraft. It also said combustible liquids in non-bulk packages are excepted from the subchapter unless they meet the § 171.8 definition of a hazardous waste or hazardous substance.

Written by AI (Claude) on Oct 22, 2026. Robots make mistakes and leave things out, so the letter below is what counts. Not legal advice.

This is in response to your letter of March 31, 1992 concerning clarification of the exceptions for flammable and combustible liquids in 49 CFR 173.150.

As provided in § 173.150(f), except for transportation by vessel or aircraft, a flammable liquid with a flask point at or above 100°F and below 140°F may be re classed as a combustible liquid. Combustible liquids in non-bulk packages are excepted from the requirements of the subchapter unless they meet the definition in § 171.8 for a hazardous waste or hazardous substance.

I hope this information is helpful.

A letter of interpretation applies the regulations to the facts the requester described. It isn’t a regulation and isn’t legal advice. The agency’s copy.