Interpretation Response #01-0013
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
APR 6, 2001
Mr. Michael F. Ryan Ref. No. 01-0013
Regulatory Specialist Limited
Logistics Services Two Limited
Parkway Columbus, Ohio 43230
Dear Mr. Ryan:
This responds to your letter requesting clarification of the mixed contents packaging requirements for safety matches under § l73.186(c) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your questions are paraphrased and answered as follows:
Ql. The exception in § 173.186(c) specifies that safety matches may only be packed in the same outer packaging with materials not subject to the HMR. May safety matches be packaged in the same outer packaging with a Consumer commodity, ORM-D, if the outer package is marked for both hazards?
AI. The answer is no. A Consumer commodity, ORM-D, is subject to the HMR and, therefore, may not be packaged in the same outer packaging under the exceptions for safety matches in § 173.186(c). You may, however, overpack fully regulated hazardous materials with excepted packages of safety matches provided the overpack conforms to all applicable requirements of the HMR. See § 173.25.
Q2. May safety matches be packaged in the same outer packaging with a Class 3 or Division 2.1 material provided the package is marked and labeled for all hazards?
A2. No. See answer Al above. In addition, depending on the mode of transportation used, overpacked packages of hazardous materials are subject to the segregation and quantity. limitation requirements under Parts 174-177 of the HMR.
Q3. Are safety matches permitted to be overpacked (shrinkwrapped onto a pallet) with a Consumer commodity, ORM-D?
A3. Yes, under certain conditions. Provided the safety matches are independently packaged as specified in § 173.186, they may be overpacked (shrink-wrapped) onto a pallet with any compatible material, hazardous or otherwise. See §§ 173.25 and 173.156.
I trust this satisfies your request. Please contact us if we can be of further assistance.
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards