{"operation":"document","citation":"10-0044","title":"Lockheed Martin Missiles & Fire Control — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-06-25","effective_on":null,"summary":"10-0044 response to Lockheed Martin Missiles & Fire Control concerning 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0044.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0044.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0044","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100044.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation\nPipeline and Hazardous Material\nSafety Administration\n1200 New Jersey Ave, S.E.\nWashington, D.C. 20590\nMr. Melvin D. Schubert, Site Director Pike County Operations\nLockheed Martin\nMissiles & Fire Control\n5500 County Road 37\nTroy, Alabama 36081\nJUN 2 5 2010\nRef. No. 10-0044\nDear Mr. Schubert:\nThis responds to your letter regarding the definition of\"Consumer commodity\" under\n§ J71.8 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nSpecifically, you ask whether the products your company uses in the workplace and\noccasionally offers for transportation in commerce meet the definition of a consumer\ncommodity under the HMR and its international equivalents. You cite examples of\ncommercially available products such as paint and isopropanol that are packaged and\ndistributed in a form suitable for household use or personal care. Additionally, you ask\nwhether any exceptions apply to the air transportation of such products under domestic or\ninternational standards as authorized by the HMR.\nThe definitions for \"consumer commodity\" in both the HMR and ICAO Technical\nInstructions are essentially the same. The product must be packaged and distributed in a\nform that is suitable or illtended for retail sale and consumption by individuals for\npurposes of household use or personal care. Such products packaged as limited quantities\nunder the HMR may be offered for transportation by all modes, including air. The\nInternational Civil Aviation Organization's Technical Instructions for the Safe Transport\nof Dangerous Goods by Air (ICAO Technical Instructions) include some limitations\nrelated to hazard class, division and packing group eligibility for the consumer commodity\ndesignation. See Special Provision A 112. With respect to the specific materials you refer\nto in your letter, both isopropanol and paint are eligible for transportation as consumer\ncommodities provided they are packaged and distributed as prescribed in § 173.150 of the\nHMR or Packing Instruction 910 of the ICAO Technical Instructions.\n1 trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nSfe vef}o\n~ ff 7 P f\n~ (72. . 10 , _\nCohSl4mer Cum~'JJhs\ni0- 0011\n~\nMr. Edward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\nU.S. DOT\nPHMSA Office of Hazardous Materials Standards\nAttn: PHH-10\n1200 New Jersey Avenue, SE., East Building, 2nd Floor\nWashington, DC 20590-0001\nDear Mr. Mazzullo,\nLockheed Martin receives various hazardous materials (as defined by 49 CFR 171.8) such as\nisopropanol and paint. Occasionally, we must ship these materials to different locations\nthroughout the United States. We may ship them to another Lockheed Martin location, return\nto the original vendor, or forward to a field location for a test, to name the most common\ndestinations. These materials are shipped in their original, individual packaging which is\nsuitable for retail sale for household use,\nlATA's packaging instruction 910 states: \"Consumer commodities are materials that are\npackaged and distributed in a form intended or suitable for retail sale for purposes of personal\ncare or household use,\" Or as defined in 49 CFR 171.8: \"Consumer commodity means a\nmaterial that is packaged and distributed in a form intended or suitable for sale through retail\nsales agencies or instrumentalities for consumption by individuals for purposes of personal\ncare or household use.\"\n• May the above-described materials be shipped in \"limited quantities\" as \"consumer\ncommodities\" if packaged and shipped in a fom, suitable for retail sale for household\nuse?\n• Does this conclusion apply to shipments by air?\nThank you. We look forward to hearing your response to our inquiry.\nMelvin D. Schubert\nSite Director, Pike County Operations\nLockheed Martin\n334/670-9501 Office\n334/268-9351 Cell","truncated":false,"body_characters":3972}