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Interpretation Response #08-0054 ([Paxton Company] [Mr. George Plum])

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

Interpretation Response Details

Response Publish Date:

Company Name: Paxton Company

Individual Name: Mr. George Plum

Location State: VA Country: US

View the Interpretation Document

Response text:

June 16, 2008

Mr. George Plum

Paxton Company

1111 Ingleside Road

P.O. Box 12103

Norfolk, VA 23502

Ref. No.: 08-0054

Dear Mr. Plum:

This is in response to your February 27, 2008 e-mail and subsequent telephone conversation with a member of my staff requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) requirements applicable to flammable liquids. Your questions are paraphrased and answered below.

Q1: A Class 3, PG II material and a Class 8, PG II material described as UN1263, Paint and UN3066, Paint Related Material, respectively, are packed in inner receptacles that are 1 quart and/or 1 gallon metal cans which are placed in non-specification fiberboard outer packaging. The outer packaging is marked "Paint Limited Quantity". Does this shipment meet the limited quantity provisions?

A1. No. The limited quantity provisions for Class 8 materials in Packing Group II authorize inner packagings that do not exceed 1 L net capacity (see § 173.154(b)). Similarly, the limited quantity provisions for Class 3 materials in Packing Group II authorize inner packagings that do not exceed 1 L (about 1 quart) net capacity (see § 173.150(b)(2)). Thus, neither UN3066, Paint Related Material, Class 8, Packing Group II, nor UN1263 Paint, Class 3, Packing Group II, packed in 1-gallon inner packagings may be shipped as limited quantities. However, both materials may be shipped as limited quantities if the strong outer packaging only contains 1-quart inner packagings.

Q2: If the inner receptacles (mix of quart and gallon sized receptacles) from the original strong outer packaging described in Q1 are removed and shipped in a different strong outer packaging, would this subsequent shipment still meet the limited quantity provisions?

A2. No. See A1 above.

Q3: A shipment described as "UN1170, Ethanol, Class 3, PGII" is received in a combination packaging with quart sized metal cans. The Material Safety Data Sheet (MSDS) for this material states: "FOR INDUSTRIAL USE ONLY. NOT FOR HOUSEHOLD USE. NOT INTENDED OR PERMITTED FOR DRINKING BEVERAGE PURPOSES." Based on the information specified above, would this material be considered a "consumer commodity" as defined in the HMR?

A3: Yes. Section 171.8 defines a consumer commodity 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." Regardless of the wording on the MSDS, this material could meet the definition of a consumer commodity based on its packaging size.

Q4: If inner receptacles from the package described in Q3 were removed from the outer packaging and reshipped in a different stronger outer packaging, may this subsequent shipment be renamed "Consumer Commodity" and reclassed as "ORM-D"?

A4: Yes.

I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.


Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards

173.154 173.150

Regulation Sections

Section Subject
171.8 Definitions and abbreviations
173.154 Exceptions for Class 8 (corrosive materials)