{"operation":"document","citation":"11-0098","title":"The Sherwin-Williams Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-10-25","effective_on":null,"summary":"11-0098 response to The Sherwin-Williams Company concerning 172.304, 172.315, 172.316.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0098.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0098.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0098","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110098.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation 1200 New Jersey Ave, SE\nWashington, D.C. 20590\nPipeline and Hazardous Materials\nSafety Administration\nOCT 25 2011\nMs. Sandra Chapman\nDirector of Transportation\nCorporate Regulatory Affairs\nThe Sherwin-Williams Company\n101 Prospect Avenue, N. W.\nCleveland, OH 44115\nReference No. 11-0098\nDear Ms. Chapman:\nThis responds to your April 18, 2011 email requesting clarification of the marking requirements of\nthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your inquiry concerns the\nphase out of the Consumer Commodity, ORM-D exception, the concurrent implementation ofthe\ninternationally recognized limited quantity exception, and the subsequent effect ofthis change on\nthe marking requirements. According to your email, your company is considering printing both\nthe Consumer Commodity, ORM-D marking, as described in § 172.316, and the new limited\nquantity marking, as illustrated in § 172.315(a)(2), on the same fiberboard boxes. Your questions\nare paraphrased and answered as follows: .\nQl. May we continue to display the markings on the fiberboard boxes on January 1, 2014?\nAI. The answer to your question is no. The Consumer Commodity, ORM-D marking and the\nnew limited quantity marking may be displayed until December 31, 2013 as long as the markings\nare separated from one another so as not to substantially reduce the effectiveness (see\n§ 172.304(a)(4». After December 31,2013 the proper shipping name \"Consumer Commodity\"\nmay not be associated with \"ORM-D\" (see § 172.303(a». Further, the only limited quantity mark\nthat would be associated with the \"Consumer Commodity\" proper shipping name is the marking\nintended for transportation by aircraft, which is shown in § 172.315(b )(2).\nIfthe proper shipping name \"Consumer Commodity\" is marked on packages after December 31,\n2013, it must be associated with Identification Number ID8000. Also, it should be noted that only\nthe following materials or substances will be allowed to be classed or reclassed as ID8000,\nConsumer Commodity and are the only materials allowed to bear the involved markings on\npackaging: gases in Division 2.1 or 2.2; materials in Class 3, Packing Group II or III; materials in\nDivision 6.1, Packing Group III; UNINA3077, Environmentally hazardous substances, solid,\nn.o.s.; UNINA3082, Environmentally hazardous substances, liquid, n.o.s; and UN3175, Solids\n\n<<<PAGE 2>>>\n\ncontaining flammable liquid, n.o.s. Further, this exception only applies to materials that do not\nhave a subsidiary risk and are authorized aboard a passenger-carrying aircraft.\nQ2. Would we have to cover up or obliterate the \"Consumer Commodity, ORM-D\" designation\nprinted on the boxes after December 31, 2013?\nA2. See A 1 above.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\nAAkb~\ntor\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom: INFOCNTR (PHMSA) Ma.VK iI)~.s\nSent: Monday, April 18, 2011 1 :27 PM\nTo: Drakeford, Carolyn (PHMSA)\nSubject: FW: request for interpretation\n1f-~oCf8\nHi CarolynJ\nThe caller below requested a formal letter of interpretation.\nThanks J\nVictoria\nVictoria Lehman\nHazmat Information Center (HMIC)\nhttp://phmsa.dot.gov/hazmat/info-center\n(292) 366-1935\nFrom: Sandra L. Chapman [mailto:slchapman@sherwin.com]\nSent: Monday, April 18, 2011 12:41 PM\nTo: INFOCNTR (PHMSA)\nSubject: request for interpretation\nTo Whom It May Concern;\nI am writing to request clarification on a carton marking issue that revolves around the scheduled phase out of the\n\"Consumer Commodity, ORM-D\" classification for commodities shipped by domestic ground within the United States.\nunderstand that this exception is scheduled to end on December 31,2013, at which time the \"limited quantity\" exception is\nto enjoy all the regulatory relaxations currently provided to \"Consumer Commodity, ORM-D.\" I further understand that one\nis to use the new limited quantity mark (as illustrated in 49 CFR 172.315(a)) for packages so declared and while this mark\nis not mandatory for limited quantity packages until January 1, 2014, it is currently allowable by US ground and required\nfor IMDG ocean shipping.\nMy question is related to the logistics of moving from \"Consumer Commodity, ORM-D\" to the new limited quantity mark.\nWe are considering \"duel marking\" cartons with both the \"Consumer Commodity, ORM-D\" designation and the limited\nquantity mark referenced above. This would allow the cartons to be shipped by US ground and by international ocean\nwith no reworking. The marks would be pre-printed on the cartons by the box manufacturer. My questions are related to\nwhat would happen to these cartons on January 1, 2014, and are listed below.\n01) Would the \"Consumer Commodity, ORM-D\" designation printed on the carton be considered a violation after\nJanuary 1, 2014?\n02) Would we have to cover up or obliterate the \"Consumer Commodity, ORM-D\" designation printed on these\ncartons after 1/01/2014?\n03) Would DOT's position be to ignore the out-of-date mark (after 1/01/2014) since the current and correct mark also\nappears?\nThank you for our prompt attention to these questions. Your answers are critical to our product planning and a timely\nresponse is vital.\nRegards,\nSandra L. Chapman\n1\n\n<<<PAGE 4>>>\n\nSANDRA L. CHAPMAN\nDIRECTOR 01= TRANSPORTATION\nCORPORATE REGULATORY AI=I=AlRS\nOffice: 216-566-1664\nFax: 216-566-2730\nBlackberry: 216-536-9017\nEmail: s1chapman@shervil.in.com\n2","truncated":false,"body_characters":5475}