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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 #99-0290 ([Mr. Louis Sachs])

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

Interpretation Response Details

Response Publish Date:

Company Name:

Individual Name: Mr. Louis Sachs

Location State: FL Country: US

View the Interpretation Document

Response text:

December 17, 1999


Mr. Louis Sachs                         Ref. No. 99-0290
9291 East Bay Harbor Drive 3E
Bay Harbor Islands, FL 33154

Dear Mr. Sachs:

This is in response to your letter dated October 26, 1999, and subsequent telephone conversation with a member of my staff, regarding shipment of consumer commodities under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  Specifically, you ask if your product would qualify for the consumer commodity exception.

Under § 173.22 it is the shipper’s responsibility to properly class a hazardous material.  To ship your product as a Consumer commodity, ORM-D, it must: (1) meet the definition for consumer commodity under § 171.8; (2) in the packaging section referenced in the Hazardous Materials Table in § 172.101, be allowed a special exception for shipment as an ORM-D, for example § 173.150; and (3) be packaged for shipment in accordance with the limited quantity provisions.

Provided your material meets the definition of a flammable liquid under § 173.120, is described using the proper shipping name "Flammable liquid, n.o.s., 3, UN1993, PG II," and is packaged as described in your letter it will qualify for the limited quantity exception.  Therefore, if the material as packaged meets the definition of a consumer commodity as defined in § 171.8, you may rename it "Consumer commodity" and reclass it “ORM-D”.

I hope this satisfies your request.



John A. Gale
Transportation Regulations Specialist
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
171.8 Definitions and abbreviations