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Interpretation Response #11-0098

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

Interpretation Response Details

Response Publish Date: 10-25-2011
Company Name: The Sherwin-Williams Company    Individual Name: Ms. Sandra Chapman Th
Location state: OH    Country: US

View the Interpretation Document

Response text:

October 25, 2011



Ms. Sandra Chapman
Director of Transportation
Corporate Regulatory Affairs
The Sherwin-Williams Company
101 Prospect Avenue, N.W.
Cleveland, OH 44115

Reference No. 11-0098

Dear Ms. Chapman:

This responds to your April 18, 2011 email requesting clarification of the marking requirements of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your inquiry concerns the phase out of the Consumer Commodity, ORM-D exception, the concurrent implementation of the internationally recognized limited quantity exception, and the subsequent effect of this change on the marking requirements. According to your email, your company is considering printing both the Consumer Commodity, ORM-D marking, as described in § 172.316, and the new limited quantity marking, as illustrated in § 172.315(a)(2), on the same fiberboard boxes. Your questions are paraphrased and answered as follows:

Q1. May we continue to display the markings on the fiberboard boxes on January 1, 2014?

A1. The answer to your question is no. The Consumer Commodity, ORM-D marking and the new limited quantity marking may be displayed until December 31, 2013 as long as the markings are separated from one another so as not to substantially reduce the effectiveness (see § 172.304(a)(4)). After December 31, 2013 the proper shipping name "Consumer Commodity" may not be associated with "ORM-D" (see § 172.303(a)). Further, the only limited quantity mark that would be associated with the "Consumer Commodity" proper shipping name is the marking intended for transportation by aircraft, which is shown in § 172.315(b)(2).

If the proper shipping name "Consumer Commodity" is marked on packages after December 31, 2013, it must be associated with Identification Number ID8000. Also, it should be noted that only the following materials or substances will be allowed to be classed or reclassed as ID8000, Consumer Commodity and are the only materials allowed to bear the involved markings on packaging: gases in Division 2.1 or 2.2; materials in Class 3, Packing Group II or III; materials in Division 6.1, Packing Group III; UN/NA3077, Environmentally hazardous substances, solid, n.o.s.; UN/NA3082, Environmentally hazardous substances, liquid, n.o.s; and UN3175, Solids

containing flammable liquid, n.o.s. Further, this exception only applies to materials that do not have a subsidiary risk and are authorized aboard a passenger-carrying aircraft.

Q2. Would we have to cover up or obliterate the "Consumer Commodity, ORM-D" designation printed on the boxes after December 31, 2013?

A2. See A1 above.

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


Charles Betts
Standards and Rulemaking Division

172.316, 172.315, 172.304

Regulation Sections

Section Subject
§ 172.315 Limited quantities