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.
Sincerely,
Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials Standards
173.306
Regulation Sections
| Section | Subject |
|---|---|
| 173.306 | Limited quantities of compressed gases |