{"operation":"document","citation":"11-0244","title":"Arch Chemicals, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-11-01","effective_on":null,"summary":"11-0244 response to Arch Chemicals, Inc. concerning 172.303, 173.315.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0244.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0244.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0244","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110244.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\nMs. Jennifer M. Daugherty\nCorporate Regulatory Transportation\nArch Chemicals, Inc.\n5660 New Northside Drive, NW\nAtlanta, GA 30328\nReference No. 11-0244\nDear Ms. Daugherty:\nThis responds to your September 30, 2011 letter requesting clarification of the marking\nrequirements ofthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your\ninquiry concerns the phase out of the Consumer Commodity, ORM-D exception, the concurrent\nimplementation of the internationally recognized limited quantity exception, and the subsequent\neifect ofthis change on the marking requirements. You ask if it would be a violation of the HMR\nto display both the Consumer Commodity, ORM-D marking, as described in § 172.316, and the\nnew limited quantity marking, as illustrated in § 172.315(a)(2), on packages after December 31,\n2013 for ground shipments. You provide an example ofsuch a shipment using UN 1760,\nCorrosive liquids, n.o.s. (Quaternary Ammonium Compound), 8, III.\nThe answer to your question is yes, it would be a violation of the HMR. The Consumer\nCommodity, ORM-D marking and the new limited quantity marking may be displayed until\nDecember 31, 2013 as long as the markings are separated from one another so as not to\nsubstantially reduce the effectiveness (see § 172.304(a)(4)). After December 31,2013 the proper\nshipping name \"Consumer Commodity\" may not be associated with \"ORM-D\" (see § 172.303(a)).\nFurther, the only limited quantity mark that would be associated with the \"Consumer Commodity\"\nproper shipping name is the marking intended for transportation by aircraft, which is shown in\n§ 172.315(b )(2).\nIf the 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.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\ni. i:.\n\"1 .\nA',' rite. ,.'~\nCharles Betts\nDirector\nStaadards and Rulemaking Division\n\n<<<PAGE 3>>>\n\n...,\n.. ARcH.\nl/(j,-n,te r\n~ 112. 3J6\"la)\n~ 11 t. . 10 I ~\nArch Chemicals, Inc. M a.r-0n 5\n5660 New Northside Dr NW 11 ... bZ,.t-/I J\nSuite 1100 t.\nAtlanta, GA 30328\nPhone: 678-627-2429\nFax: 678-627-2087\nSeptember 30,2011\nU.S. DOT\nPHMSA Office ofHazardous Materials Standards\nAttn: PHH-lO\nEast Building\n1200 New Jersey A venue, SE.\nWashington, DC 2059Q-{)00 1\nRE: Question concerning dual marking for Consumer Commodity ORM-D and Limited Quantity\nTo Whom it May Concern:\nI am writing on behalf ofArch Chemicals, Inc. with regard to a question concerning dual marking of packages\nas Consumer Commodity ORM-D and Limited Quantity.\nArch transports by ground only many products for domestic retail markets. As an example, one such product\nhas an MSDS that shows the material classified for transport as UN1760 Corrosive Liquid N.O.S. (Quaternary\nAmmonium Compound) 8, III. Since this product is for sale in a retail size of a fibreboard box said to contain\n2 x 1 gallon plastic bottles for personal household use, it is shipped as a Limited Quantity and further reclassed\nas a Consumer Commodity and bears the ORM-D marking. For packages that are currently marked as\nConsumer Commodity ORM-D, Arch would like to begin dually marking packages with the Limited Quantity\ndiamond. This would provide ease and flexibility for managing costs ofchanges in packaging artwork,\ninventory control, and shipping paper descriptions.\nIt is Arch's understanding that there will be a one year grace period from January 01, 2014 to December 31,\n2014 to deplete packaging inventory marked as Consumer Commodity ORM-D. Beyond January 01, 2015, if\npackages bear dual markings for ground only shipments, will they be considered in violation of the DOT\nRegulations?\nennifer M. augherty\nCorporate Regulatory Transportation\nArch Chemicals, Inc.\n5660 New Northside Drive NW\nAtlanta, GA 30328\nTel: 678-627-2429/ Fax: 678-627-2087","truncated":false,"body_characters":4704}