Guidanceguidance
09-0244
EBS-Ink-Jet Systems USA, Inc. — Hazardous Materials Safety Interpretation
Current as of source date Government source
RegulusPipeline researchRegulusPipeline research09-0244
Page 1U.S. Deportment of Transportation Pipeline and Hazardous Materials Safety Administration NOV 1 0 2009 1200 New Jersey Avenue. SE Washington. DC 20590 Mr. Christopher J. Brown CEOlDirector EBS-Ink-Jet Systems USA, Inc. 1840 Industrial Drive Suite 200 Libertyville, IL 60048 Ref. No. 09-0244 Dear Mr. Brown: This responds to your September 24, 2009 request for clarification of requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of consumer commodities. Specifically, you ask for clarification on classifying your products as Consumer Commodity, ORM-D materials, under the provisions in §§178.8 and 173.150. According to your letter, you ship printing ink related material, paint related material, and ethanol for retail sale. You ask if you may classify these materials as Consumer Commodity, ORM-D materials in accordance with §§171.8 and 173.150 ofthe HMR. For purposes of the HMR, a "consumer commodity" is defined as a material that is packaged and distributed in a form intended or suitable for resale through retail sales agencies for individual personal care or household use. You do not provide sufficient information in your letter to enable use to make a determination as to whether your produc~s meet this definition. If your products are packaged and suitable for retail sale and comply with the limited quantity provisions in § 173.150, then you may rename your products "Consumer Commodity" and re-class them as ORM-D material. I hope this answers your inquiry. If you need additional assistance, do not hesitate to contact this Office. Sincerely, 't 1)/ <-4.~ "](J t ~ C"JJiL:) Charles E. Betts Chief, Standards Development , ffice of Hazardous Materials Standards#
Page 2EBS® Ink-,""et Systems September 24, 20098 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Office of Hazardous Materials Safety East Building, 2nd Floor Mail Stop: E21-317 1200 New Jersey Ave., SE Washineton. DC 20590 202-366-0656 202-366-5713 (Fax) Via Facsimile We are requesting clarification of the Hazardous Materials Regulations in the 49 CFR, 171.8 and 173.150 to see if we meet requirements for purposes of reclassifying our materials to ORM-D for shipping ground and air. We also seek an interpretation of "Consumer Commodity" and if we meet the definition. Our products are classified as UN 1210, printing ink related materials; UN 1263, paint related material; and, UN 1170, ethanol. We ship products via ground and air to our distributors in the United States and Canada for retail sale to their industrial customers and sell retail to our own industrial end users in the United States. Please advise us whether or not we meet the standards set forth in the HMR necessary for reclassification of materials to ORM-D. Please contact me if you need any further information. Sincerely, Christopher J. Brown CEO/Director EBS-Ink-Jet Systems USA, Inc. 1840 Industrial Drive - Suite 200 libertyville 1160048 (Office) 847-996-0729; (Fax) 847-996-0843#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.