Interpretation Response #09-0086
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
May 5, 2009
Mr. Aaron Yarnell
Distribution Center Manager
Ready Care Industries
15845 E 32nd Avenue
Building 2, Unit A
Aurora, CO 80011
Ref. No. 09-0086
Dear Mr. Yarnell:
This responds to your April 13, 2009 request for clarification on requirements for transporting small amounts of ethyl alcohol by highway or rail under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you request clarification of requirements for ground shipments of consumer commodities that contain varying amounts of ethyl alcohol.
According to the three materials safety data sheets provided with your letter, the products at issue are hairsprays that contain ethyl alcohol, a Class 3 material. In accordance with §173.150 of the HMR, Class 3 materials may be shipped as limited quantities under the conditions specified in § 173.150(b).
Based on the information in your letter, it appears that your products may meet the definition of a consumer commodity. A consumer commodity is a material that is packaged and distributed in a form intended or suitable for sale through retail sales agencies for consumption by individuals for personal care or household use. A Class 3 material that meets the definition for a consumer commodity may be renamed "Consumer Commodity" and shipped as an ORM-D material under the conditions specified in § 173.150(c).
In addition to the sections highlighted above, you should refer to Part 172 of the HMR for additional requirements that may apply to your shipments, including the shipping paper requirements in Subpart C, marking requirements in Subpart D, labeling requirements in Subpart E, and emergency response information requirements in Subpart G. I must also remind you that hazmat employees must be trained in accordance with §172.704 and
must be retrained at least every three years. See § 171.8 for the definitions for "hazmat employer" and "hazmat employee." The HMR are accessible through our web site at http://hazmat.dot.gov.
I hope this answers your inquiry.
Charles E. Betts
Chief, Standards Development
Office of Hazardous Materials Standards