Interpretation Response #06-0152 ([Hunton & Williams LLP] [Mr. Brooks M. Smith ])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Hunton & Williams LLP
Individual Name: Mr. Brooks M. Smith
Location State: VA Country: US
View the Interpretation Document
Response text:
Aug 9, 2006
Mr. Brooks M. Smith Reference No. 06-0152
Hunton & Williams LLP
951 East Byrd Street
Richmond, VA 23219-4074
Dear Mr. Smith:
This is in response to your July 6, 2006 letter requesting clarification regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to transportation of Consumer commodity, ORM-D materials. Your scenario is based on the shipment of consumer commodities of various hazard classes that are transported from retail outlets to a central distribution center for reclamation, recycling or other appropriate use. Your questions are paraphrased and answered below.
Q1. May ORM-D materials that are damaged, defective, or leaking be shipped by placing them in zip-loc bags with absorbent material and then unitizing them in rigid plastic totes with interlocking lids, pursuant to § 173.156(b)(1)(i)?
Al. The answer is no. Packagings unable to meet the general packaging requirements in Part 173, Subpart B are ineligible for transportation.
Q2. If the answer to Ql is no, may the aforementioned ORM-D materials in Q1 be placed in salvage drums in accordance with § 173.3(c)?
A2. The answer is yes.
I hope this information is helpful.
Sincerely,
Hattie L. Mitchell, Chief
Regulatory Review and Reinvention
Office of Hazardous Materials Standards
173.3 (c), 173.156(b)(1)(i)
Regulation Sections
| Section | Subject |
|---|---|
| 173.156 | Exceptions for limited quantity and ORM |
| 173.3 | Packaging and exceptions |