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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #01-0059 ([Rapid Aid] [Ms. Judy Burtch])

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

Interpretation Response Details

Response Publish Date:

Company Name: Rapid Aid

Individual Name: Ms. Judy Burtch

Country: CA

View the Interpretation Document

Response text:

May 4, 2001


Ms. Judy Burtch                      Ref. No. 01-0059

Director of Health and Safety

Rapid Aid

13345 Laird Road

Mississauga, Ontario L5L 5R6 Canada

Dear Ms. Burtch:

This responds to your letter regarding consumer commodities offered for transportation by air under the U.S. Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your questions are paraphrased and answered as follows:

Q1. Our company manufactures instant cold packs containing approximately two ounces of Ammonium nitrate, UN2072. These cold packs are shipped as part of a first aid kit that contain other non-hazardous components. May first aid kits be renamed "Consumer commodity" and offered for transportation by aircraft?

AI. The answer is yes. A first aid kit containing a hazardous material, that is also a consumer commodity as defined in § 171.8, may be renamed "Consumer commodity", ORM-D if: (1) an exception is shown for the hazardous material in column (8A) of the § 172.101 Hazardous Materials Table; (2) the shipment is packaged as prescribed in the limited quantity and consumer commodity provisions for the hazardous material; and (3) packagings for which retention of liquid is a basic function must be capable of withstanding, without leakage, the internal pressure standards in § 173.27(c) if offered for transportation by aircraft.

Q2. Transport Canada's TOG excepts ammonium nitrate fertilizers from regulation in quantities of less than 13.5 tons when transported from the place of sale to the place of consumption. Does the U.S. have a similar exception?

A2. The answer is No. Based on the classification provided for your product, the HMR do not contain a similar exception for ammonium nitrate fertilizers. Furthermore, a material designated as a hazardous material under the HMR that is not subject to the requirements of the TDG Regulations may not be transported in the United States under the provisions of the TDG Regulations. See § 171.12a (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 Reivention

Office of Hazardous Materials Standards


Regulation Sections

Section Subject
173.22 Shipper's responsibility