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Interpretation Response #10-0044 ([Lockheed Martin Missiles & Fire Control] [Mr. Melvin D. Schubert])

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

Interpretation Response Details

Response Publish Date:

Company Name: Lockheed Martin Missiles & Fire Control

Individual Name: Mr. Melvin D. Schubert

Location State: AL Country: US

View the Interpretation Document

Response text:

June 25, 2010

 

 

Mr. Melvin D. Schubert, Site Director

Pike County Operations

Lockheed Martin

Missiles & Fire Control

5500 County Road 37

Troy, Alabama 36081

Dear Mr. Schubert:

This responds to your letter regarding the definition of "Consumer commodity" under

§ 171.8 of the Hazardous Materials Regulation (HMR; 49 CFR Parts 171-180). Specifically, you ask whether the products your company uses in the workplace and occasionally offers for transportation in commerce meet the definition of a consumer commodity under the HMR and its international equivalents. You cite examples of commercially available products such as paint and isopropanol that are packaged and distributed in a form suitable for household use or personal care. Additionally, you ask whether any exceptions apply to the air transportation of such products under domestic or international standards authorized by the HMR.

The definitions for "consumer commodity" in both the HMR and ICAO Technical Instructions are essentially the same. The product must be packaged and distributed in a form that is suitable or intended for retail sale and consumption by individual for purpose of household use or personal care. Such products packaged as limited quantities under the HMR may be offered for transportation by all modes, including air. The International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions) include some limitations related to hazard class, division and packing group eligibility for the consumer commodity designation. See Special Provision A112. With respect to the specific materials you refer to in your letter, both isopropanol and paint are eligible for transportation as consumer commodities provided they are packaged and distributed as prescribed in §173.150 of the HMR or Packing Instruction 910 of the ICAO Technical Instructions.

I trust this satisfies your inquiry. Please contact us if we can be of further assistance.

Sincerely,

Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Material Standards

171.8, 173.150

Regulation Sections

Section Subject
171.8 Definitions and abbreviations