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Interpretation Response #98-0211 ([Conney Safety ProductsMr. Mourad Flood Elyafi] [Mr. Mourad Flood Elyafi])

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

Interpretation Response Details

Response Publish Date:

Company Name: Conney Safety ProductsMr. Mourad Flood Elyafi

Individual Name: Mr. Mourad Flood Elyafi

Location State: WI Country: US

View the Interpretation Document

Response text:

OCT 23, 1998


Mr. Mourad Flood Elyafi                  Ref. No. 98-0211

Warehouse Manager
Conney Safety Products
3202 Latham Drive
P.O. Box 44190
Madison! WI 53744-4190

Dear Mr. Elyafi:

This is in response to your letter dated July 22, 1998, regarding requirements for consumer commodities transported by air under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).

A limited quantity of hazardous materials that is also a consumer commodity may be renamed "Consumer commodity" and reclassed as an ORM-D material provided: (1) it meets the definition of a consumer commodity in § 171.8; (2) it is packaged for shipment
in accordance with the limited quantity provisions; and (3) the packaging exception section referenced in column (8A) of the § 172.101 Hazardous Materials Table (HMT), allows an exception for shipment as an ORM-D. When offered for transportation by air, packagings for which retention of liquid is a basic function must be capable of withstanding without leakage the internal pressure standards in § 173.27(c). An ORM-D material is subject to the marking requirements in § 172.316. Under § 172.200(b) (3), a shipping paper is not required for an ORM-D materials unless it is being offered or intended for transportation by air.

Your questions are answered as follows:

Q1. Our company ships Instant cold packs, each containing less than two ounces of Ammonium nitrate, UN2072, class 5.1. We have renamed them as "Consumer'commodities" and reclassed them as ORM­D, under the provisions of § 173.152. Is this an authorized reclassification?

AI. Yes, your product appears to meet the definition of a consumer commodity as defined in § 171.8 and, based on the quantity of material being shipped « 2 oz.), qualifies for the limited quantity exceptions in § 173.152. Please note that in your letter you identified the Instant cold packs as containing Ammonium nitrate, UN2072. It is our opinion that your product would be more accurately described as Ammonium nitrate, UN1942. Identification number UN2072 is used to identify Ammonium nitrate fertilizer, n.o.s.

Q2. We are a distributor of several types of aerosols. Our vendors (manufacturers) have tested and renamed these products Consumer commodities" and reclassed them as ORM-D material under the provisions of § 173.306(a) (3). Are we authorized to re offer these products for transportation by air or must we test them ourselves?

A2. Provided the materials meet the definition of an aerosol in § 171.8 and the inner receptacles have been tested and conform fully to the limited quantity exceptions under § 173.306(a) (3) and all other applicable requirements, you may re offer the aerosols for transportation by air without further testing.

Q3. We ship first aid kits containing one to three items authorized reclassification as ORM-D materials. Should these kits be described as First aid kits, UN3316, or may they be reclassified as Consumer commodities, ORM-D, when transported by air?

A3. The materials may be shipped as First aid kits, UN3316, as prescribed in § 172.102, Special Provision 15. Because there is no exception listed in column (8A) of the HMT for First aid kits, UN3316, the reclassification of the kits as ORM-D materials is not authorized. You may, however, evaluate whether each material in the kit separately qualifies for the limited quantity and consumer commodity exceptions in their respective packaging provisions. Materials in the kit that are properly reclassified as Consumer commodity, ORM-D, may be packed in the same outer packaging if they meet the packaging requirements in §§ 173.24, 173.24a (to include 173.24a(c)), 173.27, and 173.156.

We trust this answers your questions. Let us know if we can be of further assistance.



Hattie L. Mitchell, Chief
Regulatory Review and Reinvention
Office of Hazardous Materials


Regulation Sections

Section Subject
173.152 Exceptions for Division 5.1 (oxidizers) and Division 5.2 (organic peroxides)