{"operation":"document","citation":"09-0081","title":"Petronio Shoe Products Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-04-23","effective_on":null,"summary":"09-0081 response to Petronio Shoe Products Corporation concerning 173.150.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0081.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0081.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0081","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2009/090081.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave, S.E.\nWashington. D.C. 20590\nAPR 2 3 2009\nMr. Donald Rinaldi\nPresident\nPetronio Shoe Products Corp.\n305 Cortlandt Street\nBelleville, NJ 07109\nRef. No. 09-0081\nDear Mr. Rinaldi:\nThis responds to your April 14, 2009 letter requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if your products may be\nreclassed as \"Consumer commodity, ORM-D.\" According to your letter, the products are\ninitially classed and described as \"UN 1 133, Adhesive, 3, II\" and \"UN1263, Paint Related\nMaterial, 3,II.\" The inner packagings range from 4 ounces to 1 gallon (see 5 172.102;\nSpecial Provision 149), and the outer package contains no more than 6 gallons total, and is\nless than 66 pounds. The products are sold to retail outlets and industrial customers.\nThe answer is yes. A consumer commodity is defined in 5 171.8 as a material that is\npackaged and distributed in a form intended or suitable for sale through retail sales agencies\nor instrumentalities. Section 173.150(c) authorizes a material to be reclassed as \"ORM-D\"\nprovided it meets the definition of \"Consumer commodity\" and is packaged in accordance\nwith the limited quantity provisions of 4 173.150(b). Note that the limited quantity provisions\nof 5 173.150(b) limit the gross weight of each package to 30 kg (66 pounds). Based on the\ninformation in your letter and assuming the gross weight of each package does not exceed 30\nkg (66 pounds), the materials described above may be reclassed and described as \"Consumer\ncommodity, ORM-D.\"\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerelv.\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nAdhesives and Shoe Care Producrs\n---\n\"MONARCH of Them ALL\"\n3 173.150\nG\n5/71. 8\nApril 14,2009\nMr. Charles E. Betts\nChief, Standards Development\nOffice of Hazardous Materials Standards\nU.S. Department of Transportation\n1200 New Jersey Avenue, S.E\nWashington, D.C. 20590\nRe: Shipment of Hazardous Materials on One Gallon Cans\nDear Mr. Betts:\nI have been attempting to obtain written confirmation from your office, similar to the\nenclosed written confirmation that was recently received by another company in my\nindustry. The other company is Quabaug Corporation. I am enclosing a copy of the\nletter Quabaug Corporation received from you.\nI am also enclosing my letter of January 13,2009, which was not specifically directed to\nyour attention. Perhaps this is why I have been unable to obtain a letter like the letter\nreceived by Quabaug.\nI am now running into problems with customers who are requesting a letter similar to the\nenclosed letter that you sent to Quabaug. Several customers are refusing to carry our\nproducts until I furnish them with a similar letter.\nI ask that you review my letter of January 13,2009, and contact me if you have any\nquestions.\nPetronio Shoe Products Corp.\nVia fax and overnight delivery\n305 Cortlandt Street Belleville, New Jersey 07109\n973 751-7579 1-888-SHOE GLU Facsimilie 973 759-7324","truncated":false,"body_characters":3202}