Interpretation Response #02-0077 ([AllChem Industries] [Alex Olcese])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: AllChem Industries
Individual Name: Alex Olcese
Location State: FL Country: US
View the Interpretation Document
Response text:
April 25, 2002
Mr. Alex Olcese Reference No.02-0077
AllChem Industries
6010 NW First Place
Gainesville, FL 32607
Dear Mr. Olcese:
This is in response to your, letter requesting confirmation of your understanding of the requirements under the Hazardous Materials Regulations (HMR; 49 CFR, Parts 171-180) concerning "Consumer commodity," ORM-D and the exceptions in §§ 173.152 and 173.156. You state that your product was initially classified as "Trichloroisocyanuric acid, dry," PG II and is in tablet form. Each tablet weighs seven ounces and is wrapped in a heat-sealed cellophane inner packaging. The tablets are placed 'in a five pound capacity plastic pail (strong outer packaging) and the 'pails are placed into a fiberboard box (overpack) and transported by ground. Your questions are paraphrased and answered below.
Q1. Is the heat-sealed cellophane inner packaging and the plastic pail strong outer packaging considered a non-specification combination packaging Under the HMR?
A1. Provided the heat-sealed cellophane and the plastic pail meet the "inner packaging" and "strong outside container" definitions, respectively, in § 171.8, and the requirements in §§ 173.24 and 173.24a, the answer is yes.
Q2. Is the fiberboard box considered an overpack under the HMR?
A2. Provided the fiberboard box meets the definition for "overpack" in § 171.8 and the requirements
in §§ 173.24 and 173.24a, it is authorized as an overpack under the HMR.
Q3. My understanding is that if the packaging conforms to § 173.152(b), the 66 pound gross weight limit applies and if the packaging conforms to § 173.156 (b) (1), the 66 pound gross weight limit does not apply. Is this correct?
A3. Yes.
Q4. What additional exceptions are authorized?
A4. As provided in § 173.156(b)(1), in addition to the exception from the 66 pound gross weight limitation, ORM-D materials are excepted from the strong outer packaging requirement and the marking requirements in subpart D of part 172 when the materials are: 1) unitized in cages, carts, boxes or similar overpacks; 2) offered for transportation or transported by a private or contractor motor carrier or a common carrier vehicle under exclusive use for such service; and 3) transported from a manufacturer to a distribution center, or from a manufacturer or distribution center to a retail outlet or return.
Q5. Based on the information in my letter, are the ORM-D materials being transported by ground excepted from the specification packaging, labeling, placarding, shipping paper and marking requirements?
A5. Provided the provisions in 173-152, and 173.156 are met, the answer is yes.
I hope this information is helpful. Please contact this office if we can be of further assistance.
Sincerely,
Hattie L. Mitchell, Chief
Regulatory Review and Reinvention
Office of Hazardous Materials Standards
173.152