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Interpretation Response #06-0228 ([Northern Air Cargo, Inc.] [Mr. Mark 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: Northern Air Cargo, Inc.

Individual Name: Mr. Mark Smith

Location State: AK Country: US

View the Interpretation Document

Response text:

Apr 4, 2007

 

Mr. Mark Smith                 Reference No. 06-0228
Northern Air Cargo, Inc.
3900 Old International Airport Rd.
Anchorage, AK 99502

Dear Mr. Smith:

This responds to your September 27, 2006 letter requesting clarification of the consumer commodity exceptions under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask about the applicability of the consumer commodity exception to packages of battery fluid shipped with snowmobiles and all-terrain vehicles.

Under the HMR, a consumer commodity is defined as a material that is packaged and distributed in a form intended or suitable for sale through retail sales agencies or instrumentalities for consumption by individuals for purposes of personal care or household use (see § 171.8). This definition includes materials that are suitable for retail sale even if not specifically so intended and that may, in fact, be used in some other fashion. Thus, a shipment of battery fluid classed as a corrosive (Class 8) material, Packing Group II or III, UN2796, that meets the definition of a consumer commodity may be renamed “Consumer commodity” and reclassed and transported as an ORM-D material provided it meets the packaging and quantity limitations in § 173.154.

In a final rule published on March 22, 2006 (71 FR 14598) under Docket HM-228, we amended the HMR to clarify air transportation requirements for hazardous materials shipments. Among other revisions, we revised requirements applicable to consumer commodities to clarify that hazardous materials that are forbidden for transportation by aircraft may not be transported on board aircraft as consumer commodities. Further, we revised those sections of the HMR that permit certain hazardous materials to be transported as limited quantities to clarify that only hazardous materials authorized for transportation on board passenger-carrying aircraft may be transported as limited quantities on board passenger-carry aircraft. We also clarified that for limited quantities transported on board passenger-carrying aircraft, the requirements in § 173.27 also apply to the shipment, including the quantity limitations in § 173.27(f). Because a shipment must conform to the applicable limited quantity provisions to qualify for the consumer commodity exception, the quantity limitations in § 173.27(f) will apply to consumer
commodity shipments on board passenger aircraft. A copy of the final rule is enclosed for your information.

Finally, you did not supply information about the vehicles; however, an internal combustion engine, self-propelled vehicle, or mechanized equipment containing an internal combustion engine is subject to the HMR if the engine or fuel tank contains a liquid or gaseous fuel, is equipped with a wet electric storage battery, or contains other hazardous materials subject to the requirements of the HMR. A battery powered vehicle or equipment is subject to the HMR if it is equipped with a wet electric storage battery or contains other hazardous materials. These vehicles must be assigned the proper shipping name “Vehicle, flammable gas powered,” UN3166 or “Vehicle, flammable liquid powered,” UN3166. Vehicles, machinery and equipment powered by wet batteries, sodium batteries, or lithium batteries that are transported with the batteries installed must be assigned the proper shipping name “Battery-powered vehicle,” UN3171 or “Battery- powered equipment” UN3171. Reclassification to “Consumer commodity” is not authorized for these vehicles.

I hope this information is helpful. Please contact this office if you have additional questions.

Sincerely,

 

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

Enclosure

173.154, 173.27(f)

Regulation Sections