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subchapter c -- federal hazardous substances act regulations

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(A) Flammable gas, Category 2: Gases,<br />

other than extremely flammable gases, which,<br />

at 20 deg.C and a standard pressure of 101.3<br />

kPa, have a flammable range while mixed in<br />

air.<br />

(B) Flammable liquid, Category 2: Liquid<br />

that has a flashpoint below 73 deg.F (23<br />

deg.C) and an initial boiling point above 95<br />

deg.F (35 deg.C).<br />

(C) Flammable liquid, Category 3: Liquid<br />

that has a flashpoint at or above 73 deg.F (23<br />

deg.C) and at or below 140 deg.F (60 deg.C).<br />

(D) Any mixture having one component or<br />

more with a flashpoint at or above 100 deg.F<br />

(37.8 deg.C) which comprises at least 99<br />

percent of the total volume of the mixture is<br />

not considered to be a flammable substance;<br />

and<br />

(E) Any mixture containing 24 percent or<br />

less of water miscible alcohols, by volume, in<br />

aqueous solution is not considered to be<br />

flammable if the mixture does not present a<br />

significant flammability hazard when used by<br />

consumers.<br />

(iii) The term combustible shall apply to<br />

any liquids having a flashpoint at or above 140<br />

deg.F (60 deg.C) to and including 200 deg.F<br />

(93 deg.C) For the purpose of determining<br />

labeling requirements under 16 CFR 1500.121,<br />

“combustible” liquids are equivalently<br />

identified as “flammable liquids, category<br />

4”..The term “combustible” shall not apply to:<br />

(A) Any mixture having one component or<br />

more with a flashpoint higher than 150 deg.F<br />

(65.6 deg.C) which comprises at least 99<br />

percent of the total volume of the mixture; and<br />

(B) Any mixture containing 24 percent or<br />

less of water miscible alcohols, by volume, in<br />

aqueous solution, if the mixture does not<br />

present a significant flammability hazard when<br />

used by consumers.<br />

(iv) To determine flashpoint temperatures<br />

for purposes of enforcing and administering<br />

requirements of the Federal Hazardous<br />

Substances Act applicable to ”extremely<br />

flammable,“ ”flammable,“ and ”combustible”<br />

<strong>hazardous</strong> <strong>substances</strong>, the Commission will<br />

follow the procedures set forth in § 1500.43a.<br />

However, the Commission will allow<br />

manuf<strong>act</strong>urers and labelers of <strong>substances</strong> and<br />

products subject to those requirements to rely<br />

on properly conducted tests using the<br />

Tagliabue open-cup method which was in<br />

effect prior to the issuance of § 1500.43a (as<br />

16 CFR Ch. II (1–1–05 Edition)—proposed modificication – 6/25/06<br />

-- 9 --<br />

published at 38 FR 27012, September 27,<br />

1973, and set forth below), and the defintions<br />

of the terms ”extremely flammable,“<br />

”flammable,“ and ”combustible” in this<br />

section before its amendment (as published at<br />

38 FR 27012, September 27, 1983, and<br />

amended 38 FR 30105, November 1, 1973, set<br />

forth in the note following this section) if all of<br />

the following conditions are met:<br />

(A) The substance or product was subject to<br />

and complied with the requirements of the<br />

Federal Hazardous Substances Act for<br />

”extremely flammable,“ ”flammable,“ or<br />

”combustible” <strong>hazardous</strong> <strong>substances</strong> before the<br />

effective date of § 1500.43a; and<br />

(B) No change has been made to the<br />

formulation or labeling of such substance or<br />

product after the effective date of 1500.43a,<br />

prescribing a closed-cup test apparatus and<br />

procedure.<br />

(v) Extremely flammable solid means a<br />

solid substance, other than metal powders, that<br />

when tested by the method described in §<br />

1500.44, yields results of (a) wetted zone does<br />

not stop fire and (b) burning time < 45 s or<br />

burning rate > 2.2 mm/s; for metal powders,<br />

burning time ≤ 5 min. For the purposes<br />

determining labeling requirements under 16<br />

CFR 1500.121, “extremely flammable” solids<br />

are equivalently identified as “flammable<br />

solids, category 1”.<br />

(vi) Flammable solid means a solid<br />

substance, other than metal powders, that<br />

when tested by the method described in §<br />

1500.44, yields results of (a) stops the fire for<br />

at least 4 min and (b) burning time < 45 s or<br />

burning rate > 2.2 mm/s; for metal powders,<br />

burning time > 5 min and ≤ 10 min. For the<br />

purposes determining labeling requirements<br />

under 16 CFR 1500.121, “flammable” solids<br />

are equivalently identified as “flammable<br />

solids, category 2”.<br />

(vii) The definition of a flammable<br />

aerosol (or self-pressurized container) is<br />

classified in one of two categories on the basis<br />

of its components, its chemical heat of<br />

combustion and, if applicable the results of the<br />

test methods described in § 1500.45 according<br />

to the following:<br />

(A) Extremely flammable aerosol, Category<br />

1: Contents contain ≥ 85% flammable<br />

components and has a heat of combustion ≥ 30<br />

kJ/g. If contents do not contain ≤ 1%<br />

flammable components and have a heat of<br />

Deleted: substance having a flashpoint<br />

above 20 deg.F (-6.7 deg.C) and below<br />

100 deg.F (37.8 deg.C), as determined by<br />

the method described at § 1500.43a,<br />

except that:<br />

Deleted: A<br />

Deleted: B<br />

Deleted: ignites and burns at an<br />

ambient temperature of 80 deg.F or less<br />

when subjected to friction, percussion, or<br />

electrical spark.<br />

Deleted: substance<br />

Deleted: 100<br />

Deleted: 37.8<br />

Deleted: 150<br />

Deleted: 65.6<br />

Deleted: as determined by the test<br />

method described at § 1500.43a, except<br />

that<br />

Deleted: is not considered to be a<br />

combustible <strong>hazardous</strong> substance<br />

Deleted: is not considered to be<br />

combustible<br />

Deleted: that, when tested by the<br />

method described in § 1500.44, ignites<br />

and burns with a self-sustained flame at a<br />

rate greater than one-tenth of an inch per<br />

second along its major axis.<br />

Deleted: Extremely flammable contents<br />

of self-pressurized container means<br />

contents of a self-pressurized container<br />

that, when tested by the method described<br />

in § 1500.45, a flashback (a flame<br />

extending back to the dispenser) is<br />

obtained at any degree of valve opening<br />

and the flashpoint, when tested by the<br />

method described in § 1500.43a is less<br />

than 20 deg.F (-6.7 deg.C).<br />

(viii) Flammable contents of selfpressurized<br />

container means contents of a<br />

self-pressurized container that, when<br />

tested by the method described in §<br />

1500.45, a flame projection exceeding 18<br />

inches is obtained at full valve opening,<br />

or flashback (a flame extending back to<br />

the dispenser) is obtained at any degree of<br />

valve opening.

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