Interpretation Response #22-0019
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: CBC Brazilian Cartridge Company
Individual Name: Mariele Aparecida Nonis Munhoz
Location State: SP Country: BR
View the Interpretation Document
Response text:
May 18, 2022
Mariele Aparecida Nonis Munhoz
Legal Department
CBC Brazilian Cartridge Company
Avenue Humberto de Campos, 3.220, Guapituba, Ribeirão Pires,
São Paulo State, Brazil, 09426-900
Reference No. 22-0019
Dear Ms. Munhoz:
This letter is in response to your March 22, 2022, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the other regulated material-domestic (ORM-D) marking on Division 1.4S cartridges, small arms. You ask for clarification regarding the requirement to remove the ORM-D marking from packagings given that the authorization to use the ORM-D classification—and use of the associated marking—expired on December 31, 2020. Specifically, you ask whether the ORM-D marking must be removed entirely from a package label for "Cartridges, small arms" or if it should still be used in association with the limited quantity marking to indicate the ORM-D classification.
Since the packages display the currently required limited quantity marking, the old ORM-D marking is not required to be removed prior to shipment. However, it is the opinion of this Office that the display of the ORM-D marking is confusing and may frustrate transportation of these packages because hazardous materials are no longer authorized to be reclassed as ORM-D for transport. Therefore, while not covering the phased-out ORM-D marking is not in violation of the HMR, we suggest that the best way to avoid frustration of the shipment is to cover the ORM-D marking and to discontinue its use in future shipments.
Finally, please note that PHMSA is currently working on a rulemaking to remove all references to ORM-D including the "Cartridges, small arms, ORM-D" entry in the § 172.101 hazardous materials table.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division
172.101
Regulation Sections
| Section | Subject |
|---|---|
| 172.101 | Purpose and use of hazardous materials table |