{"operation":"document","citation":"00-0244","title":"Infotrac, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2001-03-07","effective_on":null,"summary":"00-0244 response to Infotrac, Inc. concerning 173.156.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0244.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0244.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0244","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2000/000244.pdf","body":"<<<PAGE 1>>>\n\n•\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nWashington, D.C. 20590\nResearch and\nSpecial Programs\nAdministration\nMAR - 7 2001\nMr. Jason Kob\nInfotrac, Inc.\nRef. No. 00-0244\n200 N. Palmetto Street\nLeesburg, Florida 34748\nDear Mr. Kob:\nThis responds to your September 7, 2000 letter concerning requirements for shipping a consumer\ncommodity under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically,\nyou ask about requirements for repackaging consumer commodities.\nYour company is a distribution center for retail stores and distributes hazardous materials, \"Consumer\ncommodity, ORM-D,\" and non-hazardous materials. You want to break down the strong outer\npackaging in which the ORM-D materials were originally transported from the manufacturer and\nrepack the ORM-D materials in strong plastic bins with lids. The bins would then be shrink-wrapped\ntogether on a pallet and transported by private, contract, or common carrier from your distribution\ncenter to the retail outlets. You ask about the HMR requirements that would apply to such shipments.\nAs specified in § 173.156(b), packages of materials described as \"Consumer commodity, ORM-D\"\nare not subject to the marking requirements in Subpart D of Part 172, and to the 30 kg (66 pounds)\ngross weight limitation, when unitized in cages, carts, boxes or similar overpacks, and when offered for\ntransportation or transported by a private or contract motor carrier or a common carrier vehicle under\nexclusive use for such service, from a manufacturer to a distribution center, from a manufacturer or\ndistribution center to a retail outlet, or return. The plastic, shrink-wrapped bins containing the consumer\ncommodities conform to the provisions in § 173.156(b) and, thus, need not be marked in accordance\nwith § 172.312 or § 172.316. Further, the bins need not conform to the overpack requirements in\n§ 173.25.\nI hope this satisfies your inquiry. If we can be of further assistance, please contact us.\nSincerely,\nJohn Gale\nTransportation Regulations Specialist\nOffice of Hazardous Materials Specialist\n\n<<<PAGE 2>>>\n\nFrom: Jason Kob Company: HMC Phone: 1800-468-1263 To: Edward Mazzullo Fax: 1-202-366-3012 •\n...s\nDate: 09/07/2000 Time: 12:59:42 PM\nPage 2 of 2\nEdward Mazzullo\nanaram\nDirector of Office of Hazardous Material Standards\nUS DOT/RSPA/DHM10\n8173,136\n400 7\" St. SW.\nWashington, DC 20590\n173.24\nFax: 202-366-3012\nHackaging\nTo Edward Mazzullo:\n•\nI'm requesting a written interpretation for the following scenario:\n00→0244\nmaterials, and non-hazardous materials. We want to \"break down\" the ORM-D materials from\nMy company is a distribution center for retail stores. We distribute ORM-Ds, hazardous\nour Vendor's (original manufacturer's) strong outer packaging into green plastic strong outer\nreceptacles (bins) with lids. We want to \"break down\" the original ORM-D packaging because\nour retail outlets may order from us one or two ORM-D materials from a case of 8 or 12. The\nretail outlets do not need a full case, only one or two consumer commodities from this case, from\nthat case, etc. There will be several different ORM-Ds materials and non-hazardous materials\npacked together in one green bin. The green bin will be acting as a strong outer packaging\n(overpack) for the ORM-Ds and the non-hazardous materials. The green bins will then be\nshrink-wrapped together on a pallet. They will be transported on private or contract or common\ncarrier from our distribution center to our retail outlets.\nIn this situation, can we break down the ORM-D materials from our Vendor's (original\nmanufacturer) strong outer packaging into green plastic strong outer receptacles (bins) with lids?\nDo the materials still have to meet the general packaging requirements in 49CFR §8173.24\n173.24a? Does absorbent or cushioning material need to be added to each green bin? Is there a\nweight limit on each green bin, such as 66 Ibs. gross weight or are we excepted from the 66 Ibs.\nunder §173.156(b)(1)? Is there a weight limit for the palletized unit? Do the green bins have to\nbe marked with the ORM-D marking as required in $172.316? Do we need orientation arrows\non the green bins as required in §172.312? Do any of the overpack requirements in $173.25\napply or are we excepted from that as well? Would this apply to tho lighters?\nIf you need additional information, please contact me at 352-323-3500.\nThank you,\nSaran Kot\nJason Kob\nEnvironmental Regulatory Manager","truncated":false,"body_characters":4460}