Hunton & Williams LLP — Hazardous Materials Safety Interpretation

Page 1Transportatic S. Departme Washington, D.C. 20590 400 Seventh Street, S.W. materials at ely Administration AUG 9 2006 Mr. Brooks M. Smith Hunton & Williams LLP Ref. No. 06-0152 951 East Byrd Street Richmond, VA 23219-4074 Dear Mr. Smith: This is in response to your July 6, 2006 letter requesting clarification regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to shipment of consumer commodities of various hazard classes that are transported from transportation of Consumer commodity, ORM-D materials. Your scenario is based on the retail outlets to a central distribution center for reclamation, recycling or other appropriate use. Your questions are paraphrased and answered below. Q1. May ORM-D materials that are damaged, defective, or leaking be shipped by placing them in zip-loc bags with absorbent material and then unitizing them in rigid pastic totes with interlocking lids, pursuant to § 173.156(b)(1)(i)? A1. The answer is no. Packagings unable to meet the general packaging requirements in Part 173, Subpart B are ineligible for transportation. Q2. If the answer to Ql is no, may the aforementioned ORM-D materials in Ql be placed in salvage drums in accordance with § 173.3(c)? A2. The answer:" yes. I hope this information is helpful. Sincerely, Hattie L. Mitchell, Chief Office of Hazardous Materials Standards Regulatory Review and Reinvention 173.3 (c) 173.156 (6) (Xi) 060152#

Page 2Satterthwarte HUNION $173.3 (c) HUNTON & WILLIAMS LLP WILLIAMS RIVERFRONT PLAZA, EAST TOWER 3173.156(b)1) RHAD, VI SINA 23219-407 951 EAST BYRD STREE TEL FAX 301 - 788 - 8208 Exceptions 06-0152 BROOKS M. SMITH EMAIL: bsmith@hunton.com DIRECT DIAL: 804-187-8086 July 6, 2006 FILE NO: 62510.000011 Mr. Edward T. Mazzullo Director, Office of Hazardous Materials Standards U.S. DOT / PHMSA (PHH-10) 400 7th Street, S.W. Washington, D.C. 20590-0001 Request for Hazardous Materials Regulation Interpretation Dear Mr. Mazzullo: I respectfully request assistance from your office in interpreting the Hazardous Materials Regulations as they may apply to the following factual scenario. My client's business involves the distribution and retail sale of various consumer commodities (as defined in 49 CFR § 171.8), including Class 3, 8, 9 and Division 2.1, 2.2 and 6.1 hazardous materials. Each of these consumer commodities may be re-classed as ORM-D. their specifications for retail sale (including those that are damaged, defective or leaking) are My client desires to implement a program where ORM-D materials that are not compliant with shipped by private motor carrier from their retail outlets to a central distribution center for reclamation, recycling or other appropriate use. placing them in zip-loc bags with absorbent material and then unitizing them in rigid plastic Question 1: May my client ship ORM-D materials that are damaged, defective or leaking by totes with interlocking lids, pursuant to 49 CFR § 173.156(b)(1)(i)? are damaged, defective or leaking by placing them in salvage drums, pursuant to 49 CFR § Question 2: If the answer to question 1 is no, then may my client ship ORM-D materials that 173.3(c)? Question 3: If the answer to question 2 is no, then how may my client ship ORM-D materials infeasible in a retail outlet environment)? that are damaged, defective or leaking without first repackaging them (which would be#

Page 3HUNTON WILLIAMS Mr. Edward T. Mazzullo July 6, 2006 Page 2 If you need any additional information to respond to this request for interpretation, please do not hesitate to contact me. I look forward to hearing from you. Sincerely, Brooks M. Smith 62510.000011 RICHMOND 1781657vl|#