{"operation":"document","citation":"03-0119","title":"Science Kit & Boreal Laboratories — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-07-17","effective_on":null,"summary":"03-0119 response to Science Kit & Boreal Laboratories concerning 172.101.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0119.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0119.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0119","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030119.pdf","body":"<<<PAGE 1>>>\n\n-\nof Transportation\nU.S. Department\nJUL 17 2003\n400 Seventh St., S.W.\nResearch and\nWashington, D.C. 20590\nAdministration\nSpecial Programs\nMr. Rupert Zellner\nRef. No. 03-0119\nWarehouse Manager\nScience Kit & Boreal Laboratories\n777 East Park Drive\nTonawanda, NY 14150-6784\nDear Mr. Zellner:\nThis is in response to your May 8, 2003 letter, requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) applicable to the shipment of ORM-D materials.\nSpecifically, you ask if the materials listed in your letter may be shipped as ORM-D materials. Your\ncompany is a supplier of education equipment, supplies, and chemicals to schools throughout the United\nretail market.\nStates. You state the chemicals listed in your letter are packaged in a way that is suitable for sale in the\nSection 173.22 requires a shipper to properly class and describe the hazardous material in accordance\nwith parts 172 and 173 of the HMR. This Office does not perform that function. As defined in\n§ 171.8, a consumer commodity means a material that is packaged and distributed in a form intended\nor suitable for sale through retail sales agencies or instrumentalities for consumption by individuals for\npurposes of personal care or household use. This term also includes drugs and medicines. As\nprovided in § 173.144, an ORM-D material means a material such as a consumer commodity, which,\nalthough otherwise subject to the regulations of this subchapter, presents a limited hazard during\ntransportation due to its form, quantity and packaging. It must be a material for which exceptions are\nprovided in Column 8A of the Hazardous Material Table (HMT) found under § 172.101. If the\nmaterials you intend to ship meet these criteria, then they may be renamed \"Consumer commodity\" and\nreclassed as \"ORM-D.\" Materials properly renamed consumer commodity and reclassed ORM-D\nare excepted from labeling, placarding, specification packaging and, except when transported by air,\nare excepted from shipping paper requirements. However, packages containing consumer\ncommodities must be marked in accordance with $ 172.316.\nI hope this information is helpful. If we can be of further assistance, do not hesitate to contact us.\nSincerely,\nwon bash\nsusan Gorsk\nSenior Transportation Regulations Specialist\nOffice of Hazardous Materials Standards\n172.10\n030119\n\n<<<PAGE 2>>>\n\nScience Kif\nFoster\n&Boreal Laboratories\n$172.101\nMay 8, 2003\nORM\n03-0119\nOffice of Hazardous Material Standards\nDepartment of Transportation/RSPA/OHMS\n400 7\" Street SW\nWashington, DC 20591\nTo Whom It May Concern:\nWe are contacting your office concerning the shipping of Limited Quantity chemicals as\nORM-D material.\nScience Kit is a supplier of educational equipment, supplies, and chemicals to schools\nthroughout the United States. The chemicals we distribute to schools are packaged in\nsuch a way that they could be sold in the retail market.\nOur understanding is that if a chemical presents a limited hazard during transportation\nas packaged for the retail market; it can be shipped as an ORM-D material.\ndue to the quantity, packaging, and is an exception provided in the 172.101 Table, as well\nto have a ruling if these chemicals can be shipped as ORM-D material:\nBelow is a sample list of chemicals we supply to the education market that we would like\n125ml & 500ml Acetone\n125ml & 500ml Ethanol\nClass 3 UN1090 PGII LTD Qty\n125gm & 500gm Lead Compound\n•Class 3 UN1170 PGII LTD Qty\n(Lead Chloride)\nNOS Class 6.1 UN2291 PGIII LTD Qty\n250ml & 500ml Hydrochloric Acid\n125gm & 500gm Sodium Hydroxide Pellets Class 8 UN1823 PGII LTD Qty\nClass 8 UN1789 PGII LTD Qty\n125gm & 500gm Potassium Nitrate\n125gm & 500gm Copper Chloride\nClass 5.1 UN1486 PGIII LTD Qty\nClass 8 UN2802 PGIII LTD Qty\nPlease let me know if you need any other information. I can be reached at 800-242-2042\nextension 350 or email at rzellner@sciencekit.com\nSincerely,\nRupert Zellner\nWarehouse Manager\nWest Coast: P.O. Box 5059 • San Luis Obispo, California 93403-5059 • Fax (805) 781-2559\nHome Office: 777 East Park Drive a Tonawanda, New York 14150-6784 • (716) 874-6020 • Fax (716) 874-9572\nhttp://sciencekit.com","truncated":false,"body_characters":4159}