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Interpretation Response #03-0015 ([Diamond Products Company] [Mr. Thomas M. Sassor, Sr.])

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

Interpretation Response Details

Response Publish Date:

Company Name: Diamond Products Company

Individual Name: Mr. Thomas M. Sassor, Sr.

Location State: FL Country: US

View the Interpretation Document

Response text:

Apr 11, 2003


Mr. Thomas M. Sassor, Sr.                Reference  No. 03-0015
Regulatory Compliance Coordinator
Diamond Products Company
P.O. Box 1777
Mango, Florida 33550

Dear Mr. Sassor:

This responds to your January 9, 2003 letter requesting clarification on marking requirements for aerosol packagings containing Consumer Commodity, ORM-D, materials under §§  73.306(a)(3) and 173.306(h) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).

According to your letter, you were advised that provisions in § 173.306(a)(3) require that each of the outside packagings containing your Consumer Commodity, ORM-D, aerosol material is required to be marked “Inside Containers Comply With Prescribed Regulations.” It is your understanding that under § 173.306(h), no markings are-required on the inner or outer packagings due to the special exceptions for shipments of aerosols in the ORM-D class.

The exception in § 173.306(a)(3) is limited to aerosol containers not exceeding one-liter capacity in which one or more gases are used to expel other material that is a liquid, paste, or powder.  In order for your aerosol product to be renamed consumer commodity, and reclassed as ORM-D: (1) the product must meet the definition for consumer commodity in § 171.8; and (2) the product must conform to the packaging requirements in 173.306(h). As provided in § 173.306(h)(1), outside packagings containing aerosols reclassed as ORM-D are not required to be marked “Inside Containers Comply with Prescribed Regulations.” As prescribed in § 173.306(a)(3)(ii), a specification DOT-213 must be used if the pressure in the container exceeds 140 psig at 130 F, but does not exceed 160 psig at 130 F. A specification DOT-2Q must be used if the pressure in the container exceeds a 160 psig at 130 F. In this instance, these specification inner containers must be marked DOT-2P or DOT-2Q, as appropriate.

I hope this answers your inquiry.



Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
173.306 Limited quantities of compressed gases