[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: 49CFR173.120] [Page 476-477] 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. 173.120 Class 3--Definitions. (a) Flammable liquid. For the purpose of this subchapter, a flammable liquid (Class 3) means a liquid having a flash point of not more than 60.5 deg.C (141 deg.F), or any material in a liquid phase with a flash point at or above 37.8 deg.C (100 deg.F) that is intentionally heated and offered for transportation or transported at or above its flash point in a bulk packaging, with the following exceptions: (1) Any liquid meeting one of the definitions specified in Sec. 173.115. (2) Any mixture having one or more components with a flash point of 60.5 deg.C (141 deg.F) or higher, that make up at least 99 percent of the total volume of the mixture, if the mixture is not offered for transportation or transported at or above its flash point. (3) Any liquid with a flash point greater than 35 deg.C (95 deg.F) which does not sustain combustion according to ASTM 4206 or the procedure in appendix H of this part. (4) Any liquid with a flash point greater than 35 deg.C (95 deg.F) and with a fire point greater than 100 deg.C (212 deg.F) according to ISO 2592. (5) Any liquid with a flash point greater than 35 deg.C (95 deg.F) which is in a water-miscible solution with a water content of more than 90 percent by mass. (b) Combustible liquid. (1) For the purpose of this subchapter, a combustible liquid means any liquid that does not meet the definition of any other hazard class specified in this subchapter and has a flash point above 60.5 deg.C (141 deg.F) and below 93 deg.C (200 deg.F). (2) 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. An elevated temperature material that meets the definition of a Class 3 material because it is intentionally heated and offered for transportation or transported at or above its flash point may not be reclassed as a combustible liquid. [[Page 477]] (3) A combustible liquid which does not sustain combustion is not subject to the requirements of this subchapter as a combustible liquid. Either the test method specified in ASTM 4206 or the procedure in appendix H of this part may be used to determine if a material sustains combustion when heated under test conditions and exposed to an external source of flame. (c) Flash point. (1) Flash point means the minimum temperature at which a liquid gives off vapor within a test vessel in sufficient concentration to form an ignitable mixture with air near the surface of the liquid. It shall be determined as follows: (i) For a homogeneous, single-phase, liquid having a viscosity less than 45 S.U.S. at 38 deg.C (100 deg.F) that does not form a surface film while under test, one of the following test procedures shall be used: (A) Standard Method of Test for Flash Point by Tag Closed Tester, (ASTM D 56); (B) Standard Methods of Test for Flash Point of Liquids by Setaflash Closed Tester, (ASTM D 3278); or (C) Standard Test Methods for Flash Point by Small Scale Closed Tester, (ASTM D 3828). (ii) For a liquid other than one meeting all of the criteria of paragraph (c)(1)(i) of this section, one of the following test procedures shall be used: (A) Standard Method of Test for Flash Point by Pensky--Martens Closed Tester, (ASTM D 93). For cutback asphalt, use Method B of ASTM D 93 or alternate tests authorized in this standard; or (B) Standard Methods of Test for Flash Point of Liquids by Setaflash Closed Tester (ASTM D 3278). (2) For a liquid that is a mixture of compounds that have different volatility and flash points, its flash point shall be determined as specified in paragraph (c)(1) of this section, on the material in the form in which it is to be shipped. If it is determined by this test that the flash point is higher than -7 deg.C (20 deg.F) a second test shall be made as follows: a portion of the mixture shall be placed in an open beaker (or similar container) of such dimensions that the height of the liquid can be adjusted so that the ratio of the volume of the liquid to the exposed surface area is 6 to one. The liquid shall be allowed to evaporate under ambient pressure and temperature (20 to 25 deg.C (68 to 77 deg.F)) for a period of 4 hours or until 10 percent by volume has evaporated, whichever comes first. A flash point is then run on a portion of the liquid remaining in the evaporation container and the lower of the two flash points shall be the flash point of the material. (3) For flash point determinations by Setaflash closed tester, the glass syringe specified need not be used as the method of measurement of the test sample if a minimum quantity of 2 mL (0.1 ounce) is assured in the test cup. (d) If experience or other data indicate that the hazard of a material is greater or less than indicated by the criteria specified in paragraphs (a) and (b) of this section, the Associate Administrator may revise the classification or make the material subject or not subject to the requirements of parts 170-189 of this subchapter. [Amdt. 173-224, 55 FR 52634 Dec. 21, 1990, as amended by Amdt. 173-227, 56 FR 49989, Oct. 2, 1991; 56 FR 66268, Dec. 20, 1991; 57 FR 45461, Oct. 1, 1992; Amdt. 173-241, 59 FR 67506, 67507, Dec. 29, 1994; Amdt. 173- 255, 61 FR 50625, Sept. 26, 1996; Amdt. 173-261, 62 FR 24731, May 6, 1997; 66 FR 45379, 45381, Aug. 28, 2001]