{"operation":"document","citation":"98-0211","title":"Conney Safety ProductsMr. Mourad Flood Elyafi — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1998-10-23","effective_on":null,"summary":"98-0211 response to Conney Safety ProductsMr. Mourad Flood Elyafi concerning 173.152.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0211.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0211.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0211","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1998/980211.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh Street, S.W.\nResearch and\nWashington, D.C. 20590\nSpecial Programs\nAdministration\nMr. Mourad Flood Elyafi\nWarehouse Manager\nRef. No.' 98-0211\nConney Safety Products\n3202 Latham Drive\nP.O. Box 44190\nMadison, WI 53744-4190\nDear Mr. Elyafi:\nThis is in response to your letter dated July 22, 1998, regarding\nrequirements for consumer commodities transported by air under\nthe Hazardous Materials Regulations (HMR; 49 CER Parts 171-180).\nA limited quantity of hazardous materials that is also a consumer\ncommodity may be renamed \"Consumer commodity\" and reclassed as an\nORM-D material provided: (1) it meets the definition of a\nconsumer commodity in $ 171.8; (2) it is packaged for shipment\nin accordance with the limited quantity provisions; and (3) the\npackaging exception section referenced in column (8A) of the\n$ 172.101 Hazardous Materials Table (HMT), allows an exception\nfor shipment as an ORM-D. When offered for transportation by\nair, packagings for which retention of liquid is a basic function\nmust be capable of withstanding without leakage the internal\npressure standards in § 173.27(c). An ORM-D material is subject\nto the marking requirements in § 172.316. Under § 172.200 (b) (3),\na shipping paper is not required\n. for an ORM-D materials unless it\nis being offered or intended for transportation by air.\nYour questions are answered as follows:\nQ1. Our company ships Instant cold packs,\neach containing less\nthan two ounces of Ammonium nitrate, UN2072, class 5.1.\nrenamed them as \"Consumer commodities\"\nWe have\nand reclassed them as ORM-\nD, under the provisions of § 173.152.\nreclassification?\nIs this an authorized\n....\n....\n\n<<<PAGE 2>>>\n\nAl. Yes, your product appears to meet the definition of a\nconsumer commodity as defined in $ 171.8 and, based on the\nquantity of material being shipped |< 2 oz.), qualifies for the\nlimited quantity exceptions in § 173.152. Please note that in\nyour letter you identified the Instant cold packs as containing\nAmmonium nitrate, UN2072. It is our opinion that your product\nwould be more accurately described as Ammonium nitrate, UN1942.\nIdentification number UN2072 is used to identify Ammonium nitrate\nfertilizer, n.o.s.\nQ2. We are a distributor of several types of aerosols. Our\nvendors (manufacturers) have tested and renamed these products\n\"Consumer commodities\" and reclassed them as ORM-D material under\nthe provisions of $ 173.306 (a) (3). Are we authorized to reoffer\nthese products for transportation by air or must we test them\nourselves?\nA2. Provided the materials meet the definition of an aerosol in\n$ 171.8 and the inner receptacles have been tested and conform\nfully to the limited quantity exceptions under § 173.306 (a) (3)\nand all other applicable requirements, you may reoffer the\naerosols for transportation by air without further testing.\nQ3. We ship first aid kits containing one to three items\nauthorized reclassification as ORM-D materials. Should these\nkits be described as First aid kits, UN3316, or may they be\nreclassified as Consumer commodities, ORM-D, when transported by\nair?\nA3. The materials may be shipped as First aid kits, UN3316, as\nprescribed in § 172.102, Special Provision 15. Because there is\nno exception listed in column (8A) of the HMT for First aid kits,\nUN3316,\nthe reclassification of the kits as ORM-D materials is\nnot authorized. You may, however, evaluate whether each material\nin the kit separately qualifies for the limited quantity and\nconsumer commodity exceptions in their respective packaging\nprovisions. Materials in the kit that are properly reclassified\nas Consumer commodity, ORM-D, may be packed in the same outer\npackaging if they meet the packaging requirements in S$ 173.24,\n173.24a (to include 173.24a (c)), 173.27, and 173.156.\n\n<<<PAGE 3>>>\n\n* 3, €\n•\nWe trust this answers your questions. Let us know if we can be of\nfurther assistance.\nSincerely,\nHitte 2. Mittell\n•\nHattie I. Mitchell, Chief\nRegulatory Review and Reinvention\nOffice of Hazardous Materials\nStandards\n\n<<<PAGE 4>>>\n\n• = =\n3202 Latham Drive\nP.O. Box 44190\nCONNEY.\nMadison, WI 53744-4190\nFAX 608-271-3322\nTelephone 608-271-3300\nSAFETY PRODUCTS\nProtective Clothing\nPersonal Safety Equipment\nFirst Aid Supplies\nEnvironmental Protection Products\nJuly 22, 1998\nstevens\n173.152\nEdward Mazzullo\nDirector at the Office of Hazardous Materials Standards\n400 7\" Street SW\nWashington, D.C., 20590\nDear Mr. Mazzullo:\nWe are a distributor of safety products, personal protection from head to toe. Our strategic plan for the\nnear future is to offer a 2-day service to our customers in California. A couple hundred SKUs out of\nthe 10,000 that we carry in stock are regulated by the DOT.\nI am in the process of establishing a procedure on how to ship ORM-D' items via air. Before I\nimplement this procedure, I want to make sure that I have done it correctly. Could you please answer\nthe following questions in writing?\nInstant cold pack, ammonium nitrate UN 2072 class 5.1 Oxidizer. I have reclassified this item\nas a consumer commodity. The amount of ammonium nitrate per cold pack is less than 2 oz. I\nhave looked at §173.152 and it appears that this item meets the listed requirements. Could you\nconfirm that this is correct?\nWe carry several types of aerosol cans in stock: insect repellent, WD-40, pest control... these\nitems have already been classified as consumer commodities by our vendors (manufacturers).\nCan we use this information and ship these items via air as consumer commodities or do we\nneed to run the tests from § 173.306? The cases are always marked as ORM-D consumer\ncommodities, and the MSDS list the aerosol cans as ORM-D consumer commodities.\n3)\nFirst aid kits containing one or up to three items classified as ORM-D: Should these be\nclassified as consumer commodities or First Aid Kit (UN 3316 class 9) when shipped air?\nTime is of the essence in this matter, and I thank you in advance for taking the time from your busy\nschedule to answer my questions. If you have any questions please feel free to contact me at my direct\nline listed below, or you can send me a fax at (608) 271-3322.\nSincerely,\nMourad Flood Elyafi\nWarehouse Manager\n608-277-5412, Direct Line","truncated":false,"body_characters":6212}