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Interpretation Response #10-0220 ([McLane Company, Inc.] [Mr. John C. Anderson])

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

Interpretation Response Details

Response Publish Date:

Company Name: McLane Company, Inc.

Individual Name: Mr. John C. Anderson

Location State: TX Country: US

View the Interpretation Document

Response text:

December 15, 2010



Mr. John C. Anderson

Environment, Safety & Health Manager

McLane Company, Inc.

4747 McLane Parkway

Temple, TX 76503-6115

Ref. No.: 10-0220

Dear Mr. Anderson:

This responds to your September 30, 2010 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). In your letter, you indicate that you transport materials classed as ORM-D in company vehicles by highway. You ask, if aerosol cans, e.g., insecticides, lubricants, and automotive products, that have been dented or have missing spray nozzles or caps may be shipped as a Consumer Commodity, ORM-D in accordance with the provisions of the HMR.

The answer your question is yes. Aerosol cans that have been dented or have missing spray nozzles or caps that still meet the general packaging requirements in part 173, subpart B, may be shipped as a Consumer Commodity ORM-D. However, cans without nozzles are no longer defined as aerosol cans. Section 171.8 defines an aerosol as "any non-refillable receptacle containing a gas compressed, liquefied or dissolved under pressure, the sole purpose of which is to expel a nonpoisonous (other than a Division 6.1 Packing Group III material) liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas." This means that materials shipped in containers without a self-closing release device that would allow the contents to be ejected by a gas, cannot be shipped as aerosols. A more appropriate shipping name may be "Receptacles, small, containing gas (gas cartridges)."

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


Ben Supko

Acting Chief, Standards Development Branch

Standards and Rulemaking Division


Regulation Sections

Section Subject
171.8 Definitions and abbreviations