Interpretation Response #07-0186 ([SPT Technology, Inc.] [Ms. Mary Van Horne])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: SPT Technology, Inc.
Individual Name: Ms. Mary Van Horne
Location State: MI Country: US
View the Interpretation Document
Response text:
December 20, 2007
Ms. Mary Van Horne
Manager
SPT Technology, Inc.
1008 North Fifth Street
Minneapolis, MN 55411-4302
Ref. No. 07-0186
Dear Ms. Van Horne:
This responds to your letter requesting confirmation of your understanding of the requirements for consumer commodities under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your questions are paraphrased and answered as follows:
Q1. Our company places 4 one-gallon inner receptacles that contain "Resin Solution, 3, UN1866, III" into a strong outer packaging. The gross mass of the completed package is approximately 40 lbs. Is our package eligible for reclassification to "ORM-D" and renamed "Consumer commodity"?
A1. If your company's product meets the definition of a consumer commodity as specified in § 171.8 and is packaged in accordance with the requirements specified in § 173.150(b), the answer is yes. If it does not, your company's product may not be renamed and reclassed as "Consumer commodity, ORM-D."
Q2. Are ORM-D materials subject to the placarding requirements of the HMR?
A2. No. See § 172.500(b)(2).
Q3. Our company prepares "Polyester resin kits, 3, UN3269, III" for shipment. The kits contain inner receptacles of a Class 3, Packing Group III, flammable liquid each not exceeding a net capacity of 5 liters and a Type D solid organic peroxide contained in inner receptacles each not exceeding a net capacity of 500 grams. The gross mass of the completed package does not exceed 30 kilograms. Is our package eligible for reclassification to "ORM-D" and renamed "Consumer commodity"?
A3. If your kit meets the definition of a consumer commodity as specified in § 171.8 and is packaged in accordance with the requirements specified in § 172.102(c)(1) Special Provisions 40 and 149 and § 173.152(b), the answer is yes. If it does not, your company's product may not be renamed and reclassed as "Consumer commodity, ORM-D."
Q4. Our company intends to offer "Organic peroxide type D, solid, 5.2, UN3106, II" for transportation. Is this material eligible for reclassification to "ORM-D" and renamed "Consumer commodity"?
A4. If your material meets the definition of a consumer commodity as specified in § 171.8 and is packaged in accordance with the requirements specified in § 173.152(b), the answer is yes. If it does not, your material may not be renamed and reclassed as "Consumer commodity, ORM-D."
Q5. Are there differences in quantity allowed per inner receptacle when packaging "Organic peroxide type D, solid, 5.2, UN3106, II" either on its own or in a polyester resin kit under the limited quantity and consumer commodity exceptions in § 173.152?
A5. No. See § 173.152(b)(3)(i) and (b)(4)(i).
I trust this satisfies your inquiry. Please contact us if we can be of further assistance.
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
172.101, 173.150, 173.242