{"operation":"document","citation":"06-0228","title":"Northern Air Cargo, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-04-04","effective_on":null,"summary":"06-0228 response to Northern Air Cargo, Inc. concerning 173.154, 173.27.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0228.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0228.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0228","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060228.pdf","body":"<<<PAGE 1>>>\n\nS. Departmer\nf Transportatio\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nPipeline and\nAdministration\nHazardous Materials Safety\nAPR\n4 2007\nMr. Mark Smith\nRef. No. 06-0228\n3900 Old International Airport Rd.\nNorthern Air Cargo, Inc.\nAnchorage, AK 99502\nDear Mr. Smith:\nThis responds to your September 27, 2006 letter requesting clarification of the consumer\ncommodity exceptions under the Hazardous Materials Regulations (HMR; 49 CFR Parts\n171-180). Specifically, you ask about the applicability of the consumer commodity\nexception to packages of battery fluid shipped with snowmobiles and all-terrain vehicles.\nUnder the HMR, a consumer commodity is defined as a material that is packaged and\ndistributed in a form intended or suitable for sale through retail sales agencies or\ninstrumentalities for consumption by individuals for purposes of personal care or\nhousehold use (see § 171.8). This definition includes materials that are suitable for retail\nsale even if not specifically so intended and that may, in fact, be used in some other\nfashion. Thus, a shipment of battery fluid classed as a corrosive (Class 8) material,\nmay be renamed \"Consumer commodity\" and reclassed and transported as an ORM-D\nPacking Group II or III, UN2796, that meets the definition of a consumer commodity\nmaterial provided it meets the packaging and quantity limitations in § 173.154.\nIn a final rule published on March 22, 2006 (71 FR 14598) under Docket HM-228, we\namended the HMR to clarify air transportation requirements for hazardous materials\nshipments. Among other revisions, we revised requirements applicable to consumer\ncommodities to clarify that hazardous materials that are forbidden for transportation by\nrevised those sections of the HMR that permit certain hazardous materials to be\naircraft may not be transported on board aircraft as consumer commodities. Further, we\ntransported as limited quantities to clarify that only hazardous materials authorized for\ntransportation on board passenger-carrying aircraft may be transported as limited\nquantities on board passenger-carry aircraft. We also clarified that for limited quantities\ntransported on board passenger-carrying aircraft, the requirements in § 173.27 also apply\nto the shipment, including the quantity limitations in § 173.27(f). Because a shipment\nmust conform to the applicable limited quantity provisions to qualify for the consumer\ncommodity exception, the quantity limitations in § 173.27(f) will apply to consumer\n173.154\n060228\n173.27 (A)\n\n<<<PAGE 2>>>\n\nfor your information.\ncommodity shipments on board passenger aircraft. A copy of the final rule is enclosed\nFinally, you did not supply information about the vehicles; however, an internal\ninternal combustion engine is subject to the HMR if the engine or fuel tank contains a\ncombustion engine, self-propelled vehicle, or mechanized equipment containing an\nliquid or gaseous fuel, is equipped with a wet electric storage battery, or contains other\nhazardous materials subject to the requirements of the HMR. A battery powered vehicle\ncontains other hazardous materials. These vehicles must be assigned the proper shipping\nor equipment is subject to the HMR if it is equipped with a wet electric storage battery or\nname \"Vehicle, flammable gas powered,\" UN3166 or \"Vehicle, flammable liquid\nsodium batteries, or lithium batteries that are transported with the batteries installed must\npowered,\" UN3166. Vehicles, machinery and equipment powered by wet batteries,\npowered equipment,\" UN3171. Reclassification to \"Consumer commodity\" is not\nbe assigned the proper shipping name \"Battery-powered vehicle,\" UN3171 or \"Battery-\nauthorized for these vehicles.\nI hope this information is helpful. Please contact this office if you have additional\nquestions.\nSincerely.\nHattie L. Mitchell\nOffice of Hazardous Materials Standards\nChief, Regulatory Review and Reinvention\nEnclosure\n\n<<<PAGE 3>>>\n\nMcIntyre\n173.154\nNORTHERN AIR CARGO\nExceptions\n06-0228\nSeptember 27, 2006\nDirector, Office of Hazardous Materials Standards\nEdward T. Mazzullo\nU.S. Department of Transportation\n400 7* St. S.W.\nPipeline and Hazardous Materials Safety Administration\nWashington D.C. 20590-0001\nRE: Reclassification of Battery fluid, acid 8 UN 2796 II to Consumer Commodity ORM-D\nDear Mr. Mazullo,\nIn a letter dated 01 Aug 95, the US Department of Transportation (DOT) allowed limited\nquantities of Battery fluid, acid UN 2796 II, to be reclassed as a consumer commodity ORM-I\nnaterial. This interpretation does not seem to be consistent with the HMR in its definition of\nconsumer commodity in 171.8. Also stated in the letter from the submitter, it was not intended\nthat this material be used for personal care or household use.\nThere are many items that are packaged for retail sale and sold through retail sales agencies but\nare unable to meei the definition of a consumer commodity ORM-D. One example would be a\nBattery, wet, filled with acid 8 UN2794 III, it poses less of a hazard for transportation, has far\ngreater availability and are purchased by far more individuals than battery acid itself, but is not a\nconsumer commodity for lack of meeting the definition.\nThis was brought to our attention when we found hidden, undeclared packages of battery fluid\nabels the crane and had been ales eidall dirain past cies condition. test ada maid and\ninvestigation is continuing.\nsnowmobile was a consurner commodity ORM-D-AÍR marking. Further research brought this\nAfter this, we started receiving snowmobiles for air transport and on the crating of the\ninterpretation to our attention and the concern associated with it. The battery fluid boxes inside\nlabeled for proper air transport as Battery fluid, acid 8 UN 2796 II but are being reclassed as\nthe crates are already packaged in specification combination packages, marked and (most are)\nORM-D consumer commodity\n(907) 243-3331\nNORTHERN AIR CARGO, INC. 3900 OLD INTERNATIONAL AIRPORT RD. ANCHORAGE, AK 99502\n(800) 727-2141\nFAX (907) 249-5190 www.NORTHERNAIRCARGO.COM\n\n<<<PAGE 4>>>\n\nNORTHERN AIR CARGO\nAs an air carrier, this concerns us.\nGiven the regulation classification of a consumer commodity\nlimited to the 1L quantity limitation per package listed in column 9a of the HMT, a shipper can\nORM-D material, one can take a limited quantity of Battery fluid, acid 8 UN2796 II, now not\nloaded in an inaccessible location without concern to quantity limit, accessibility or segregation\nAs is the concern with Battery acid, there is also a similar concern with all other hazard class\nand, on a small scale, does take place. This seems to be a 'loophole' to circumvent the HMR\nI do not know if this is the intent of the regulations to allow this, but this is what is permissible\nrestrictions listed in column 9a.\nThere is new wording in the HMR for a consumer commodity, which states that in order for an\nhow would this new wording reign in consumer commodity materials if reasonable quantity\nitem to be considered a consumer cornmodity, it must be able to fly passenger aircraft. If so,\nrestrictions are not included that would be more in line with column 9a in the HMR?\nA much clearer definition of consumer commodity is needed.\nadvantage of in a region where most villages rely solely on snowmobiles, all terrain vehicles and\nWith this interpretation, if it were to become common knowledge, one can see it being taken\nmany common hazardous items.\nHere in Alaska we rely heavily on air transport for everyday basic needs, but not at the risk of\npassenger and aircrew safety.\nIf any further information or clarification is needed, please feel free to contact me at:\n907-243-3331\nThank you for your consideration in this matter,\nMark Smith\nHazardous Materials\nNorthern Air Cargo\n(907) 243-3331\nNORTHERN AIR CARGO, INC, 3900 OLD INTERNATIONAL AIRPORT RD. ANcHorage, AK 99502\n(800) 727-2141\nFAX (907) 249-5190 Www.NORTHERNAIRCARGO.COM\n*...","truncated":false,"body_characters":7895}