{"operation":"document","citation":"08-0054","title":"Paxton Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-06-16","effective_on":null,"summary":"08-0054 response to Paxton Company concerning 171.8, 173.154.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0054.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0054.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0054","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080054.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMr. George Plum\nPaxton Company\n1 1 1 1 Ingleside Road\nP.O. Box 12103\nNorfolk, VA 23502\nRef. No.: 08-0054\nDear Mr. Plum:\nThis is in response to your February 27,2008 e-mail and subsequent telephone conversation\nwith a member of my staff requesting clarification of the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 17 1 - 180) requirements applicable to flammable liquids. Your questions\nare paraphrased and answered below.\nQl: A Class 3, PG I1 material and a Class 8, PG I1 material described as UN1263, Paint and\nUN3066, Paint Related Material, respectively, are packed in inner receptacles that are 1 -quart\nandlor 1 -gallon metal cans which are placed in non-specification fiberboard outer packaging.\nThe outer packaging is marked \"Paint Limited Quantity\". Does this shipment meet the\nlimited quantity provisions?\nAl. No. The limited quantity provisions for Class 8 materials in Packing Group I1 authorize\ninner packagings that do not exceed 1 L net capacity (see 9 173.154(b)). Similarly, the\nlimited quantity provisions for Class 3 materials in Packing Group I1 authorize inner\npackagings that do not exceed 1 L (about 1 quart) net capacity (see 4 173.150(b)(2)). Thus,\nneither UN3066, Paint Related Material, Class 8, Packing Group 11, nor UN1263 Paint, Class\n3, Packing Group 11, packed in 1-gallon inner packagings may be shipped as limited\nquantities. However, both materials may be shipped as limited quantities if the strong outer\npackaging only contains 1 -quart inner packagings.\nQ2: If the inner receptacles (mix of quart and gallon sized receptacles) from the original\nstrong outer packaging described in Q1 are removed and shipped in a different strong outer\npackaging, would this subsequent shipment still meet the limited quantity provisions?\nA2. No. See A1 above.\n43: A shipment described as \"UN1170, Ethanol, Class 3, PGII\" is received in a combination\npackaging with quart sized metal cans. The Material Safety Data Sheet (MSDS) for this\n\n<<<PAGE 2>>>\n\nmaterial states: \"FOR INDUSTRIAL USE ONLY. NOT FOR HOUSEHOLD USE. NOT\nINTENDED OR PERMITTED FOR DRINKING BEVERAGE PURPOSES.\" Based on the\ninformation specified above, would this material be considered a \"consumer commodity\" as\ndefined in the HMR?\nA3: Yes. Section 171.8 defines a consumer commodity 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 household\nuse.\" Regardless of the wording on the MSDS, this material could meet the definition of a\nconsumer commodity based on its packaging size.\n44: If inner receptacles fiom the package described in 4 3 were removed from the outer\npackaging and reshipped in a different stronger outer packaging, may this subsequent\nshipment be renamed \"Consumer Commodity\" and reclassed as \"ORM-D?\nA4: Yes.\nI hope this information is helpful. If you have further questions, please do not hesitate to\ncontact this ofice.\nSincerely,\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nDrakeford, Carolyn <PHMSA> 173#/56\nFrom: INFOCNTR <PHMSA>\nTO: Sent: Wednesday, February 27, 2008 2:27 PM\nDrakeford, Carolyn <PHMSA> Subject: FW: Request for Interpretation 49 CFR Parts 171 -1 80 4 i ~ ~ ~ ~ ' l r ~ ~ /\n\"08 -0b5q\nFrom: George Plum [mailto:georgep@paxtonco.com]\nSent: Wednesday, February 27, 2008 1:53 PM\nTo: INFOCNTR <PHMSA>\nSubject: Request for Interpretation 49 CFR Parts 171-180\n1T7853 6'781 g&,YI13 -\nPaxton Co. is a Marine Supply Wholesale Distributor located in Norfolk,VA. We do intra and\ninterstate shipments of Havnat along the mid-Atlantic\ncoast, as part of our normal distribution business. Most of the Hazmat is carried in company owned\nvehicles with company employee drivers.However\nsome of the shipments to our out of state distribution centers are by common carriers.\nOur customers are in three general categories: * marinas- who sale to end users\n* boat/ ship repair facilities- who are end users\n* boat builders- who are end users\nWe receive the following types of material from manufacturers for further distribution:\nUN 1263 Paint class 3 pg I1\nLN 3066 Paint Related Material class 3 pg 11\nThese items are recejved from the manufacturer in non-spec fiberboard boxes outerpackaging, with\nquart or gallon metal cans interpackaging.\nThe outerpackaging is marked \"Paint Limited Quantity\"\nQuestion (1) Does this material meet the criteria for Paint Limited Quantity for reshipping in\ncommerce?\n(2) If the interpackaging is reshipped in quantity of one quart or gallon or multiple there of,\ndoes it meet the criteria for Paint Limited Quantity?\nWe, also receive the following type of material from a manufacturer for further distribution:\nUN 11 70 Ethanol class 3 pg 11\nThis item is received from the manufacturer in non-spec fiberboard boxes outerpackaging with quart\nmetal cans interpackaging The\nouterpackaging is marked \"Consumer Commodity\" ORM-D .\nQuestion (3) Does this product meet the criteria for Consumer Commodity ORM-D ?\nNote: The MSDS (Section 16 ) for this product states, \"FOR INDUSTRIAL USE ONLY.\nNOT FOR HOUSEHOLD USE.\nNOT INTENDED OR PERMITTED FOR DRINKING BEVERAGE PURPOSES.\"\n(4) If the interpackaging is reshipped in quart or gallon or mu.ltiple there of does it meet the\n\n<<<PAGE 4>>>\n\ncriteria for Consumer Commodity ORM-D ?\nThank you for your assistance.\nGeorge Plum\ngeor~ep@paxtonco:~o-m\n11 11 lngleside rd. Norfolk ,VA 23502\nPage 2 of 2","truncated":false,"body_characters":5658}