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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #22-0126

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

Interpretation Response Details

Response Publish Date:

Company Name: UL Solutions

Individual Name: Mr. Kevin Skerrett

Location State: NY Country: US

View the Interpretation Document

Response text:

July 28, 2023

Mr. Kevin Skerrett
UL Solutions
77 Clearbrook Drive
Rochester, NY  14609

Reference No. 22-0126

Dear Mr. Skerrett:

This letter is in response to your October 25, 2022, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of shipments containing materials classed as "ID8000, Consumer commodity, 9."

We have paraphrased and answered your questions as follows:

Q1. You ask whether there must be an "intent" to transport a material by air transportation in order to class a material as "ID8000, Consumer commodity, 9"—provided all or some of the transportation is by aircraft.

A1. Provided the requirements of § 173.167 are met, a consignment of "ID8000, Consumer commodity, 9" material may be transported by any mode.

Q2. You ask when the requirement was revised allowing "ID8000, Consumer commodity, 9" materials to be transported by any mode, and not just by air (or a leg of the transportation by air).

A2. The change was made in a final rule1 published in 2013. The HM-215K series of rulemakings began with requiring "ID8000, Consumer commodity, 9" materials to have at least one leg of transportation take place on an aircraft. The 2013 final rule softened that language in the preamble text and revised the regulatory text to include additional requirements when transporting "ID8000, Consumer commodity, 9" materials by air—see § 173.167(b). Section 173.167(a) applies to all modes of transport—as applicable.

Q3. You ask whether the limited quantity "Y" marking used for air shipments is required for all modes of transportation or whether the standard limited quantity mark may be used when "ID8000, Consumer commodity, 9" materials are transported by modes other than air.

A3. The limited quantity "Y" marking depicted in § 172.315(b) must be used when transporting "ID8000, Consumer commodity, 9" materials in whole or in part by air. All other shipments may utilize the standard limited quantity marking depicted in § 172.315(a).

Q4. Except for labeling, marking, and shipping papers requirements, you ask whether all other provisions in § 173.167 must be met for a "ID8000, Consumer commodity, 9" materials transported by any mode.

A4. All of the requirements of § 173.167(a) must be met for a material to be transported as a "ID8000, Consumer commodity, 9." Packages prepared in accordance with the requirements of § 173.167 are excepted from the specification outer packaging requirements of the HMR—as well as the labeling and shipping papers requirements when transported by highway or rail. Please note that the requirements specified in § 173.167(b) are only applicable when transporting "ID8000, Consumer commodity, 9" materials by aircraft.

Please note that PHMSA published a notice of proposed rulemaking on May 30, 2023, titled: Hazardous Materials: Harmonization With International Standards which includes proposed changes to § 173.167 and additional clarification on consumer commodities. The rule can be viewed at the link below.

I hope this information is helpful. Please contact us if we can be of further assistance.


T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

172.315(a), 172.315(b), 173.167, 173.167(a), 173.167(b)

1 78 FR 1101 (Jan. 7, 2013). Final rule titled "Hazardous Materials: Harmonization With the United Nations Recommendations on the Transport of Dangerous Goods: Model Regulations, International Maritime Dangerous Goods Code, and the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air" (HM-215K; Docket No. PHMSA-2009-0126).

Regulation Sections

Section Subject
172.315 Limited quantities
173.167 Consumer commodities