{"operation":"document","citation":"01-0037","title":"VP Buildings, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2001-05-02","effective_on":null,"summary":"01-0037 response to VP Buildings, Inc. concerning 173.150.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0037.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0037.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0037","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2001/010037.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\nMAY 2 1 2001\nRef. No. 01-0037\nMr. Randy Geesing\nVP Buildings,\nP.O.\nBox 4369\nInc.\nSt. Joseph, MO 64504-0369\nDear Mr. Geesing:\nThis is in response to your letter and subsequent telephone\nconversation with a member of my staff requesting clarification\nof the requirements under the Hazardous Materials Regulations\ncommodity,\" ORM-D.\n(HMR; 49 CFR Parts 100 to 185) pertaining to \"Consumer\nYou state that your products, small\nas \"Paint\" UN1263, Packing Group II and are packaged in\nquantities of touch-up paint and primer, were initially classed\nas \"Consumer commodity,\" ORM-D. Specifically, you ask for\n1-quart cans and 2-ounce plastic bottles that you ship by highway •\nclarification of the consumer commodity definition, the\napplicable consumer commodity requirements and whether your\nproducts meet the provision in $ 173.156 (b) (I) (iii).\nA consumer commodity,\nis packaged and distributed in a form suitable for retail sale or\nas defined in § 171.8, is a material that\nconsumption by individuals for purposes of personal care or\nhousehold use. Such materials may include paint and paint related\ndefinition includes materials that are suitable for retail sale\nmaterials. You are correct in your understanding that this\n• even if not specifically so intended and, in fact, may be used in\nsome other fashion.\n\"Consumer commodity,\"\nWith regard to the applicable requirements for transporting\ninner packages (not over 1.0 liter (0.3\ngallon) net capacity for Packing Group II) must be placed in a\nstrong outer packaging not to\nexceed 30 kg 166 pounds gross\n010037\n173,150\n\n<<<PAGE 2>>>\n\nweight) .\nor end with the ORM-D designation immediately following\nThe outer packaging must be marked on at least one side\nthe proper shipping name \"Consumer commodity\" (see § 173.316).\nor below\nBased on the information you submitted, we agree that under\n§ 173.150, you may transport your product as \"Consumer\ncommodity,\" ORM-D, provided it meets the general packaging\nprovisions in S$ 173.24 and 173.24a, as well as the limited\nquantity packaging provisions.\nis a hazardous substance, hazardous waste or marine pollutant,\nIn addition, unless the material\nyour product would also be excepted from the shipping paper\nrequirement. However, the marking exception in § 173.156 would\ncompany's manufacturing facility to its construction site does\nnot apply because transporting consumer commodities from your\nnot meet the provision in paragraph (b) (1) (iii).\nhazardous materials in the\nYou also ask whether you may package nuts, bolts and other non-\nThe answer is yes, provided the materials are not capable of\nsame outer packaging with the paint.\n$ 173.24 (e) (4).\nreacting dangerously with each other as set forth in\nneed further\nI hope this information is helpful. Please contact us if you\nassistance.\nSincerely,\nHothe z. michelo\nHattie I. Mitchell, Chief\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nMcIntyre\n8173.150\nVP Buildings, Inc.\n2250 Lower Lake Rd. '\nFlammable Liquid\nP.O. Box 4369\nExcept. st. Joseph, MO 045040369\nTel 816-238-7550\n01-0037\nFax 816-238-8127 f\nJanuary 30, 2001\nMr. Edward Mazzullo, Director\nOffice of Hazardous Materials Standards\nResearch and Special Programs Administration\nU.S. Department of Transportation\n400 7* Street Southwest\nWashington, DC 20590\nDear Mr. Mazzullo:\nVP Buildings, Inc. is a manufacturer of pre-engineered steel buildings and ships small\nquantities of touch up paint and primer for use on our product. I am requesting written\nmay be renamed \"Consumer Commodity\": and reclassed as ORM-D material per\nconfirmation to verify that the small quantities of Paint, 3, UN1263, PG II that we ship,\n173.150(c). Both the bronze primer (quart cans) and the acrylic lacquer touch up paint\n173.150(b). Although the formulas and colors are specific to our product and not\n(2 oz plastic bottles) meet the requirements of limited quantities as outlined in\nintended for personal care or household use, it is my interpretation that they are\npackaged and distributed in a form suitable for this purpose, and similar products are\navailable at many retail outlets.\nis my understanding that if reclassed as an ORM-D, the only shipping requirements\nI would also like clarification on the shipping requirements of a consumer commodity. It\n_ would be: (1) strong outer package that conforms to 173.24, (2) 66 pounds maximum\nimmediately below the proper shipping name \"Consumer Commodity\". However, based\ngross weight, (3) marked on at least one side or end with the ORM-D designation\non the exceptions in 173.156(b1), would these requirements apply when the small\nquantities of primer and touch up paint are packaged with nuts, bolts, etc. in a large\njobsite and builder?\noverpack box and transported with our product by contract motor carrier to a specific\nI have enclosed MSDS sheets and a picture for your use. Please feel free to call me at\n816-238-7550 if you have questions or need further clarification.\nSincerely,\nRandy Geesing\nCorporate Traffic Manager\nRMG/gbw","truncated":false,"body_characters":5153}