Interpretation Response #01-0303 ([Quay Equestrian Limited] [Mr. Andrew Stockford])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Quay Equestrian Limited
Individual Name: Mr. Andrew Stockford
Location State: AL Country: US
View the Interpretation Document
Response text:
May 17, 2002
Mr. Andrew Stockford Reference No. 01-0303
Managing Director
Quay Equestrian Limited
St. George's Quay
Lancaster, England LAI 5QJ
Dear Mr. Stockford:
This is in response to your communications concerning the transportation of your company"s soap product as a consumer commodity under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether your product, transported as "Consumer commodity, ORM-D," is packaged, marked and labeled in accordance with the EMR for transportation by highway.
The material safety data sheet you provided describes the soap product as "Flammable liquid, n.o.s. (contains Methylated spirits), 3, UN1987, PG III." According to Mr. John Nunn of your company, the packagings are shipped into the United States, meet the definition in § 171.8 for a consumer commodity, and are repackaged for shipment as follows:
| Inner packaging: | a non-specification, polyethylene bottle 500 ml, 750 ml, or 2.5 gallons in size equipped with a pump dispenser (depending on the size, as many as 12 inner packagings will be placed in one outer packaging) |
| Outer packaging: | a strong non-specification fiberboard box |
| Marking: | one side or end with "Consumer commodity, ORM-D" |
| Labeling: | none |
Based on the information you provided, when your product is being repackaged for transportation in accordance with the HMR, the 500 ml and 750 ml inner packagings may be transported as "Consumer commodity, ORM-D" provided each strong outer packaging does not exceed 66 lbs. You are correct in your understanding that the packagings must be marked on at least one side or end with "Consumer commodity, ORM-D" and that the packagings are excepted from the labeling requirements. In addition, shipments of ORM-D materials are not subject to the shipping paper requirements of the HMR unless the material meets the definition of a hazardous substance, hazardous waste or marine pollutant, or is offered for transportation by aircraft.
With regard to your 2.5 gallon inner packagings, as provided in § 173.150, PG III inner packagings must not exceed 5.0 L (1.3 gallons) net capacity each to meet the limited quantity exceptions. The 2.5 gallon inner packagings, therefore, may not be transported as "Consumer commodity, ORM-D." Appropriate shipping descriptions for the 2.5 gallon inner packagings (see § 172. 101(c)(12)(ii)) would be:
"Flammable liquid, n.o.s. (Alcohol), 3, UN1993, PG III,"
"Flammable liquid, n.o.s. (Ethanol, Methanol), 3, UNI993, PG III,"
"Alcohols, n.o.s. (Alcohol), 3, UN1987, PG III," or
"Alcohols, n.o.s. (Ethanol, Methanol), 3, UN1987, PG III."
The 2.5 gallon inner packagings must be packaged in accordance with § 173.203 as designated in Column (7) for the above shipping descriptions. These packagings must be marked with the proper shipping name and ID number, and display the FLAMMABLE LIQUID label.
I hope this information is helpful.
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
cc: Mr. John Nunn
Nunn Finer Products
2825 Northeast Road
Northeast, ISM 21917
173.150
Regulation Sections
| Section | Subject |
|---|---|
| 173.150 | Exceptions for Class 3 (flammable and combustible liquids) |