Interpretation Response #11-0244 ([Arch Chemicals, Inc.] [Ms. Jennifer M. Daugherty])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Arch Chemicals, Inc.
Individual Name: Ms. Jennifer M. Daugherty
Location State: GA Country: US
View the Interpretation Document
Response text:
November 1, 2011
Ms. Jennifer M. Daugherty
Corporate Regulatory Transportation
Arch Chemicals, Inc.
5660 New Northside Drive, NW
Atlanta, GA 30328
Reference No. 11-0244
Dear Ms. Daugherty:
This responds to your September 30, 2011 letter requesting clarification of the marking requirements of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your inquiry concerns the phase out of the Consumer Commodity, ORM-D exception, the concurrent implementation of the internationally recognized limited quantity exception, and the subsequent effect of this change on the marking requirements. You ask if it would be a violation of the HMR to display both the Consumer Commodity, ORM-D marking, as described in § 172.316, and the new limited quantity marking, as illustrated in § 172.315(a)(2), on packages after December 31, 2013 for ground shipments. You provide an example of such a shipment using UN1760, Corrosive liquids, n.o.s. (Quaternary Ammonium Compound), 8, III.
The answer to your question is yes, it would be a violation of the HMR. The Consumer Commodity, ORM-D marking and the new limited quantity marking may be displayed until December 31, 2013 as long as the markings are separated from one another so as not to substantially reduce the effectiveness (see § 172.304(a)(4)). After December 31, 2013 the proper shipping name "Consumer Commodity" may not be associated with "ORM-D" (see § 172.303(a)). Further, the only limited quantity mark that would be associated with the "Consumer Commodity" proper shipping name is the marking intended for transportation by aircraft, which is shown in § 172.315(b)(2).
If the proper shipping name "Consumer Commodity" is marked on packages after December 31, 2013, it must be associated with Identification Number ID8000. Also, it should be noted that only the following materials or substances will be allowed to be classed or reclassed as ID8000, Consumer Commodity and are the only materials allowed to bear the involved markings on packaging: gases in Division 2.1 or 2.2; materials in Class 3, Packing Group II or III; materials in Division 6.1, Packing Group III; UN/NA3077, Environmentally hazardous substances, solid, n.o.s.; UN/NA3082, Environmentally hazardous substances, liquid, n.o.s; and UN3175, Solids
containing flammable liquid, n.o.s. Further, this exception only applies to materials that do not have a subsidiary risk and are authorized aboard a passenger-carrying aircraft.
I trust this satisfies your inquiry. Please contact us if we can be of further assistance.
Sincerely,
Charles Betts
Director
Standards and Rulemaking Division
173.315, 172.203