Summary of the Department of Transportation's (DOT's) Exemption of Alcoholic Beverages and Aqueous Solutions of Alcohol in the Hazardous Materials Regulations (HMR)
      
      DOT's HMR in 49 CFR §173.150 separately exempt alcoholic beverages and aqueous solutions of alcohol from regulation as Class 3 hazardous materials (see Hazardous Materials Table in 49 CFR §172.101). Alcoholic beverages are exempt from DOT HMR regulation in §173.150(d). "An alcoholic beverage (wine and distilled spirits as defined in 27 CFR 4.10 and 5.11), when transported via motor vehicle, vessel, or rail, is not subject to the requirements of this subchapter if the alcoholic beverage [c]ontains 24 percent or less alcohol by volume" or is contained in specified (limited quantity) packaging (§173.150(d)(1)). On the other hand, aqueous solutions of alcohol are exempted in §173.150(e). "An aqueous solution containing 24 percent or less alcohol by volume and no other hazardous material... (2) Is not subject to the requirements of this subchapter if it contains no less than 50 percent water" (§173.150(e)).
      DOT added the exemptions for alcoholic beverages and aqueous solutions of alcohol, as they are defined in the regulations, in 1975. (40 FR 22263) The exemption for alcoholic beverages was added "to provide complete exemption from the Department's Hazardous Materials Regulations when they are shipped in containers having a rated capacity of one gallon or less. These beverages are restricted to those defined in 27 CFR 4.10 and 5.11 as wine and distilled spirits. Due to the controls exercised by the Department of the Treasury pertaining to these products, the Board believes that it is unnecessary, from a transportation safety standpoint, to make them subject to the Department's regulations." (40 FR 22263) With regard to aqueous solutions of alcohol, DOT "decided to make a declaration in the regulations that the flash point of dilute alcohol water solutions, containing no more than 24 percent alcohol by volume, are considered to have flash points of 100º F. or higher because [DOT] believes the combustible liquid classification is more appropriate for such materials (if they have a flash point below 200 ° F.). The declaration is applicable only when the remainder of the solution does not meet any definition of a hazardous material as defined in Title 49 CFR including those of a flammable or a combustible liquid. This decision is based in part on petitions for reconsideration received relative to wine and certain consumer commodities. The maximum alcohol content specified is based on the maximum alcohol content for wine as defined in 27 CFR 4.10 which is 24% by volume alcohol. Rather than restrict this revision to the wine industry, it has been expanded to include other alcohol water solutions." (40 FR 22263) In 1983, DOT amended this provision for aqueous solutions of alcohol "to specify that an aqueous solution containing 24 percent or less alcohol by volume and 50 percent or more of water [and no material (other than the alcohol) that is subject to the regulations] is not subject to the regulations even when transported in bulk packagings." (48 FR 28095) 

