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Interpretation Response #09-0003 ([Environet LLC.] [Ms. Tammy L. Blakeslee])

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

Interpretation Response Details

Response Publish Date:

Company Name: Environet LLC.

Individual Name: Ms. Tammy L. Blakeslee

Location State: MA Country: US

View the Interpretation Document

Response text:

February 2, 2009

Ms. Tammy L. Blakeslee


Environet LLC.

P.O. Box 386 M.O.

Shrewsbury, MA 01545

Ref. No. 09-0003

Dear Ms. Blakeslee:

This responds to your December 19, 2008 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask on behalf of your client Quabaug Corporation if its products may be reclassed as "Consumer commodity, ORM-D." The products are initially classed and described as "UN1133, Adhesive, 3, II" and "UN1263, Paint Related Material, 3, II." The products are sold to retail outlets and industrial customers. The inner packagings range from ½ ounce to 1 gallon each. The larger packages shipped to industrial customers contain either 6 or 12 inner packagings.

The answer is yes. A Consumer commodity is defined in § 171.8 as a material that is packaged and distributed in a form intended or suitable for sale through retail sales agencies or instrumentalities. Section 173.150(c) authorizes a material to be reclassed as "ORM-D" provided it meets the definition of "Consumer commodity" and is packaged in accordance with the limited quantity provisions of § 173.150(b). Note that the limited quantity provisions of § 173.150(b) limit the gross weight of each package to 30 kg (66 pounds). Based on the information in your letter and assuming the gross weight of each package does not exceed 30 kg (66 pounds), the materials described above may be reclassed and described as "Consumer commodity, ORM-D."

I hope this information is helpful. Please contact us if you require additional assistance.


Charles E. Betts

Chief, Standards Development

Office of Hazardous Materials Standards

171.8, 173.150(b)

Regulation Sections

Section Subject
171.8 Definitions and abbreviations
173.150 Exceptions for Class 3 (flammable and combustible liquids)