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Interpretation Response #00-0333 ([California Loss Control] [Mr. Michael V. Nicholas])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: California Loss Control

Individual Name: Mr. Michael V. Nicholas

Location State: CA Country: US

View the Interpretation Document

Response text:

March 9, 2001


Mr. Michael V. Nicholas                    Ref. No. 00-0333
California Loss Control
2120 Foothill Boulevard
Suite 210
La Verne, CA 91750

Dear Mr. Nicholas:

This responds to your letter and telephone conversation with Mr. Michael Stevens of my staff regarding the packaging exceptions for consumer commodities under the Hazardous Materials
Regulations (HMR; 49 CFR Parts 171-180).  Specifically, you inquire whether a shrink-wrap and cardboard combination would satisfy the requirement of a strong outer packaging for a
Consumer commodity, ORM-D, under § 173.156. You enclosed photographs showing your client's current fiberboard box packaging and a proposed, half-box packaging (tray) that is triple shrink-wrapped to a pallet.

You state that your client's product, an alkyd resin primer of medium viscosity with a closed-cup flash point of 70OF and an initial boiling point of 240-750F, is assigned to Packing Group II. See § 173.121(a). The primer is contained in one gallon metal cans.

The use of shrink-wrapped trays as an outer packaging for consumer commodities is authorized in §§ 173.25 and 173.lS6. However, a flammable liquid, that is also a consumer commodity, must first meet the limited quantity provisions specified in § 173.150(b)to be eligible for re-classification.  As specified in § 173.150(b) (2) for limited quantities, the maximum net capacity for an inner receptacle containing a Packing Group II flammable liquid is 1.0 liter (0.3 gallon).  Your client's one gallon cans exceed this quantity nearly four-fold.  A viscous liquid in Packing Group II may, however, be reassigned to Packing Group III provided it conforms to the conditions specified in § 173.121(b). The one gallon cans of primer would then be eligible for re-classification as an ORM-D and may be renamed, “Consumer commodity.”

If your client's primer does not meet the viscosity criteria in § 173. 121 (b) , it must be packaged either in A UN standard meeting the Packing Group II performance level packaging as specified in § 173.202, or in strong outer packaging conforming to subpart B of Part 173 as specified in § 173. 173 (b) (2)

I trust this satisfies your inquiry.  Please contact us if we can be of further assistance.



Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards



Regulation Sections

Section Subject
173.25 Authorized packagings and overpacks