Interpretation Response #21-0004
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: P.O.R. Products
Individual Name: Mark Newitz
Location State: NY Country: US
View the Interpretation Document
Response text:
March 31, 2021
Mark Newitz
Inventory Manager
P.O.R. Products
38 Portman Road
New Rochelle, NY 10801
Reference No. 21-0004
Dear Mr. Newitz:
This letter is in response to your January 12, 2021, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the marking requirements. Specifically, you state that your company has a supply of preprinted packagings that contain both the ORM-D and limited quantity markings.
We have paraphrased and answered your questions as follows:
Q1. You ask whether your company may continue to offer your preprinted packagings to deplete your pre-existing inventory although the transition period allowing for the continued display of the ORM-D marking ended on December 31, 2020.
A1. It is the opinion of this Office that the display of both markings is confusing and may frustrate transportation of these packagings. However, since your preprinted packagings display the Limited Quantity marking they do comply with current requirements. While not covering the phased out ORM-D marking is not in violation of the HMR, we suggest that the best way to avoid frustration of the shipment is to cover the ORM-D marking, as noted in your email.
Q2. You ask whether carriers will accept shipments that display both markings.
A2. The HMR do not require carriers to accept shipments of hazardous materials. As noted above, display of both markings would not be a violation of the provisions of the HMR.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division