URS Corporation — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration OCT - - 7 2009 1200 New Jersey Ave. S.E. Washington, D.C. 20590 Ms. Erin N. Jarman Environmental Scientist URS Corporation 1600 Perimeter Park Drive Morrisville, NC 27560 Ref. No. 09-0205 Dear Ms. Jarman: This responds to your August 19,2009 letter requesting clarification on the requirements for Consumer Commodity, ORM-D materials shipped by air under 8 173.150(b) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-1 80). Specifically, you ask if Consumer Commodity, ORM-D materials are subject to the requirement to use absorbent material in 8 173.27(e). The answer is yes. The requirements in 5 173.27 apply to limited quantity shipments transported by aircraft. Because a shipment must conform to the applicable limited quantity provisions to qualify for the consumer commodity exceptions, the requirement to use absorbent material in 8 173.27(e) also applies to consumer commodity shipments transported by aircraft. I hope this answers your inquiry. Sincerqly, Charles E. Betts Chief, Standards Development of Hazardous Materials Standards#

Page 2August 19,2009 Mr. Edward T. Mazzullo Director, Office of Hazardous Materials Standards U.S. DOTIPHMSA (PHH- 10) 1200 New Jersey Avenue, SE East Building, 2nd Floor Washington, DC 20590 Dear Mr. Mazzullo: I am writing to you with regards to a clarification of the requirements for O M - D materials shipped via air under 49 CFR §173.150(b). Specifically, a Class 3 material meets all ofthe criteria to be considered a limited quantity under 49 CFR $1 73.1 50(b). In addition, the material meets the criteria in 49 CFR §173.150(c) to be reclassed as a consumer commodity ORM-D. The language in 49 CFR 4 173.1 50(b) states the following: "For transportation by aircraft, the package must also comply with the applicable requirements of § 173.27 of this subchapter and only hazardous materials authorized aboard passenger-carrying aircraft may be transported as a limited quantity." My question is as follows: Would materials that were originally within one of the hazard classes or divisions cited in 49 CFR $173.27(e) which have been reclassed as consumer commodities ( O M - D ) be subject to the requirement to use absorbent materials if those ORM-D materials were being offered in inner packagings made of glass, earthenware, plastic or metal? Or does the fact that they have been reclassed as Consumer Commodities make them no longer considered to be within Class 3,4, 8, or Division 5.1, 5.2, or 6.1? Thank you in advance for your assistance. I look forward to your response. Sincerely, Erin N. Jarman Environmental Scientist URS Corporation 1600 Perimeter Park Drive Morrisville, NC 27560 Tel: 919-461-1478 Fax: 919-461-1371 Erin-Jarman@urscorp.com#