Environet LLC. — Hazardous Materials Safety Interpretation

Page 11200 New Jersey Avenue, SE U.S. Department Washington, D.C. 20590 of Transportation FEB - 2 2009 Pipeline and Hazardous Materials Safety Administration Ms. Tammy L. Blakeslee President Environet LLC. P.O. Box 386 M.O. Shrewsbury, MA 01545 Ref. No. 09-0003 Dear Ms. Blakeslee: This responds to your December 19, 2008 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask on behalf of your client Quabaug Corporation if its products may be reclassed as "Consumer commodity, ORM-D." The products are initially classed and described as "UN1133, Adhesive, 3, II" and "UN1263, Paint Related Material, 3, II." The products are sold to retail outlets and industrial customers. The inner packagings range from Y2 ounce to 1 gallon each. The larger packages shipped to industrial customers contain either 6 or 12 inner packagings. The answer is yes. A Consumer commodity is defined in § 171.8 as a material that is packaged and distributed in a form intended or suitable for sale through retail sales agencies or instrumentalities. Section 173.150(c) authorizes a material to be reclassed as "ORM-D" provided it meets the definition of "Consumer commodity" and is packaged in accordance with the limited quantity provisions of§ 173.150(b). Note that the limited quantity provisions of§ 173 .150(b) limit the gross weight of each package to 30 kg ( 66 pounds). Based on the information in your letter and assuming the gross weight of each package does not exceed 30 kg (66 pounds), the materials described above may be reclassed and described as "Consumer commodity, ORM-D." I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, 0 ief, Standards Development e of Hazardous Materials Standards#

Page 2Envirii\Jetc Occupational, Regulatory and Training Specialists December 19, 2008 Mr. Edward T. Mazzullo Director, Office ofHazardous . U.S. DOT/PHMSA (PHH-10) 1200 New Jersey Avenue, SE Washington, DC 20590 RE: Letter of Interpretation under the ~~~§~~~r Commodity Defmition ·L ~.:' ~, .. ·~ Dear Mr. Mazzullo, . ' I am writing on behalf of my client, Quabaug Corporation ofEast Brookfield, MA to request a letter of interpretation regarding the applicability ofthe definition ofa Consumer Commodity as stated in 49 CFR §171.8 for certain flammable contact adhesives and ancillary products. These products are sold primarily to shoe repair shops and related businesses. They have two package sizes (~ ounce and % ounce) that are sold to retail outlets as permitted under the Consumer Product Safety Regulations. The other package sizes, quarts and gallons are sold to industrial customers in 12 and 6 container case lots, respectively. The shipping descriptions for these products are either: 1) Adhesive, 3, UNl 133, II 2) Paint Related Material, 3, UN1263, II While these products are wanufactured and intended primarily for industrial use, we believethe packaging utilized for these products complies with §173.150 Exceptions for Flammable Liquids and special ptovisioitl49 which allows for increasing the regulated packaging size to 1.3 gallons for these two shipping descriptions and is therefore suitable for transport as a consumer commodity. It i~. al~.?·(.)~r understanding that the transportation defmition of consumer commodity allows forprodu9ts~hatare not actually sold to consumers to be reclassified as a consumer commodity.aslong as the packaging meets the applicable regulatory provisions. We are requesting a letter ofinterpret:iti()nverifying that these products can be shipped as Consumer Commodity, ORM-D niaterials. Ifyou have any questions related to the products, please do not hesitate to contact me at ( 508) 842-0578 or directly on (508)335-0527. Sincerely, ENVIRONET LLC. (\~AAA ..II~ ~~Uiakeslee, crH President P.O. Box 386 M.O. •Shrewsbury, MA 01545 o Tel: (508) 842-0578 o Fax: (508) 842-8723 • www.environet-llc.com#