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Interpretation Response #06-0152 ([Hunton & Williams LLP] [Mr. Brooks M. Smith ])

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

Interpretation Response Details

Response Publish Date:

Company Name: Hunton & Williams LLP

Individual Name: Mr. Brooks M. Smith 

Location State: VA Country: US

View the Interpretation Document

Response text:

Aug 9, 2006


Mr. Brooks M. Smith                 Reference No. 06-0152
Hunton & Williams LLP
951 East Byrd Street
Richmond, VA 23219-4074

Dear Mr. Smith:

This is in response to your July 6, 2006 letter requesting clarification regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to transportation of Consumer commodity, ORM-D materials. Your scenario is based on the shipment of consumer commodities of various hazard classes that are transported from retail outlets to a central distribution center for reclamation, recycling or other appropriate use. Your questions are paraphrased and answered below.

Q1. May ORM-D materials that are damaged, defective, or leaking be shipped by placing them in zip-loc bags with absorbent material and then unitizing them in rigid plastic totes with interlocking lids, pursuant to § 173.156(b)(1)(i)?

Al. The answer is no. Packagings unable to meet the general packaging requirements in Part 173, Subpart B are ineligible for transportation.

Q2. If the answer to Ql is no, may the aforementioned ORM-D materials in Q1 be placed in salvage drums in accordance with § 173.3(c)?

A2. The answer is yes.

I hope this information is helpful.



Hattie L. Mitchell, Chief
Regulatory Review and Reinvention
Office of Hazardous Materials Standards

173.3 (c), 173.156(b)(1)(i)

Regulation Sections

Section Subject
173.156 Exceptions for limited quantity and ORM
173.3 Packaging and exceptions