Interpretation Response #09-0081 ([Petronio Shoe Products Corporation] [Mr. Donald Rinaldi])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Petronio Shoe Products Corporation
Individual Name: Mr. Donald Rinaldi
Location State: NJ Country: US
View the Interpretation Document
Response text:
April 23, 2009
Mr. Donald Rinaldi
President
Petronio Shoe Products Corp.
305 Cortlandt Street
Belleville, NJ 07109
Ref. No. 09-0081
Dear Mr. Rinaldi:
This responds to your April 14, 2009 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if your products may be reclassed as "Consumer commodity, ORM-D." According to your letter, the products are initially classed and described as "UN1133, Adhesive, 3, II" and "UN1263, Paint Related Material, 3, II." The inner packagings range from 4 ounces to 1 gallon (see § 172.102; Special Provision 149), and the outer package contains no more than 6 gallons total, and is less than 66 pounds. The products are sold to retail outlets and industrial customers.
The answer is yes. A consumer commodity is defined in § 171.8 as a material that is packaged and distributed in a form intended or suitable for sale through retail sales agencies or instrumentalities. Section 173.150(c) authorizes a material to be reclassed as "ORM-D" provided it meets the definition of "Consumer commodity" and is packaged in accordance with the limited quantity provisions of § 173.150(b). Note that the limited quantity provisions of § 173.150(b) limit the gross weight of each package to 30 kg (66 pounds). Based on the information in your letter and assuming the gross weight of each package does not exceed 30 kg (66 pounds), the materials described above may be reclassed and described as "Consumer commodity, ORM-D."
I hope this information is helpful. Please contact us if you require additional assistance.
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
171.8, 173.150
Regulation Sections
| Section | Subject |
|---|---|
| 173.150 | Exceptions for Class 3 (flammable and combustible liquids) |