{"operation":"document","citation":"03-0073","title":"The Embalmers\" Supply Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-07-07","effective_on":null,"summary":"03-0073 response to The Embalmers\" Supply Company concerning 173.150.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0073.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0073.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0073","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030073.pdf","body":"<<<PAGE 1>>>\n\n400 Seventh St., S.W.\nJUL\n7 2003\nWashington, D.C. 20590\nSpecia Programs\nAdministration\nMr. John R. Jackson\nRef. No.: 03-0073\nVice President\nThe Embalmers' Supply Company\n1370 Honeyspot Road Extensiot\nStratford. Connecticut 06615\nDear Mr. Jackson\nThis responds to your letter regarding classification of your products containing formaldehyde in various\nconcentrations and other products which contain varying amounts of methanol and ethylene glycol, and\nwhether they may be reclassed and described as a Consumer commodity, ORM-D in accordance with\nthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). The products are used for\nembalming and disinfecting of human remains.\nYour company packages a range of products that contain formaldehyde in various concentrations as\nfollows: (1) 8% to 24% with flash points ranging from 64.4°C to 80.0°C; (2) 4.7% to 21.0% with flash\npoints ranging from 20°C to 50°C; (3) 25% to 36% with flash points ranging from 61.0°C to 77.0°C;\nand (4) 28% to 34% with flash points ranging from 43°C to 57°C. Your company also packages\nanother range of products containing methanol (0.8% to 25.0%) and ethylene glycol (3.0% to 12.5%)\nwith flash points ranging from 61.0°C to 110.0°C.\nThese products are packaged in 473 ml (16 fluid ounces) polyethylene bottles that have polypropylene\ncaps with a patented non-backoff closure and polyester liner (F-217). The bottles are packed 24 to a\ncase varying in weight from 11.79 Kg (26 pounds) to 15.42 Kg (34 pounds). The package is a\ncombination packaging marked \"UN 4G/Y16/S/02/USA+AG0624.\" Specifically, you asked for\nclassification of your products, whether they qualify for the limited quantity exceptions in §173.150, and\nif they meet the definition for a Consumer commodity, ORM-D.\nBased on the information provided, your company's large variety of products meet the definition in\n§173.120 for a Class 3 (flammable liquid or combustible liquid) material. A material that meets the\nClass 3 definition is subject to the HMR and regulated for purposes of transportation. A combustible\nliquid in a non-bulk packaging that is not a hazardous substance, hazardous waste, or marine pollutant\nis not subject to the HMR for purposes of transportation (See §§173.120(a) and (b) and §173.150(f)).\nIn general terms, a consumer commodity, as defined in $171.8, is a material that is packaged and\ndistributed in a form intended or suitable for retail sale to consumers even if not specifically so intended\nfod shamenay, in car, be ced in tominie quahi, provisions in anale tinatal eatenie deankage of\n173,150\n030073\n\n<<<PAGE 2>>>\n\na consumer commodity may be renamed as a \"Consumer commodity\" and reclassed as ORM-D\nmaterial. Packages containing an ORM-D material must be marked in accordance with § 172.316.\nBased on the information provided in your letter, it is the opinion of this Office that your products may\nbe transported as consumer commodities.\nI hope this information is helpful. If we can be of further assistance, please contact us.\nSincerely,\nSusa Aady\nusan Gorsky\nSenior Transportation Regulations Specialist\nOffice of Hazaardous Materials Standarads\n\n<<<PAGE 3>>>\n\n06/03/2003 TUE 14:35\nFAX\n@002/002\nESCO\nTHE EMBALMERS' SUPPLY COMPANY, INC.\n1370 Honeyspot Road Extension\nStratford, Connecticut 06615\nWATS NUMBER 800-243-6104 FAX 203-378-9160 EMAIL ESCO1@IBM.NET\nHUMAN BEING 203-375-2984\nJune 3, 2003\nU.S. Department of Transportation\nMr. Edward Mazzullo\nResearch and Special Programs Administration\nOffice of Hazmat Standards\n400 Seventh Street Southwest\nAttn. Helen Engrum\nWashington, DC 20590-0001\nDear Sir or Madam:\nI am writing to ask you for a definition of Consumer Commodity under the Hazardous Materials Regulations\n(HMR: 49 CFR Parts 171-180) as it applies to our range of products. Our products are used for the\npreservation, disinfecting and preparation of human remains by licensed embalmers that vary in composition\nand concentrations of hazardous materials.\nranging from 64.4 °C to 80.0 °C. We package another range of products that has formaldehyde in\nWe package a range of products that contain formaldehyde in concentrations of 8% to 24% with flash points\nconcentrations of 4.7% to 21.0% with flash points within the range of 20 °C to 50 °C. We package another\nrange of products with formaldehyde concentrations of 25% to 36% that have flash points in the range of 61.0\n°C to 77.0 °C. We package another range of products with formaldehyde concentrations of 28% to 34% with\nwith a range of methanol (0.8% to 25.0% ) and ethylene glycol (3.0% to 12.5%) that have flash points ranging\nflash points in the range of 43 °C to 57 °C. We package another range of products with no formaldehyde, but\nfrom 61.0 °C to 110.0 °C.\nAll of these products are packaged in 16 fluid ounce (473 ml) polyethylene bottles that have polypropylene\nfiberboard box. The package has been tested and certified for performance oriented packaging and is marked\ncaps with a patented non-backoff closure and (F-217) polyester liner. These bottles are packaged 24 to a\nUN 4G/Y16/S/02/USA/+AG0642.\nConsidering the above definitions, can these products generally be reclassified as ORM-D Consumer\nCommodity for shipping purposes?\nSincerley.\nJohn R. Jackson\nVice President\n• CESA","truncated":false,"body_characters":5258}