# Conney Safety ProductsMr. Mourad Flood Elyafi — Hazardous Materials Safety Interpretation

- **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:** Not available
- **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>>>

of Transportation
U.S. Department
400 Seventh Street, S.W.
Research and
Washington, D.C. 20590
Special Programs
Administration
Mr. Mourad Flood Elyafi
Warehouse Manager
Ref. No.' 98-0211
Conney Safety Products
3202 Latham Drive
P.O. Box 44190
Madison, WI 53744-4190
Dear Mr. Elyafi:
This is in response to your letter dated July 22, 1998, regarding
requirements for consumer commodities transported by air under
the Hazardous Materials Regulations (HMR; 49 CER Parts 171-180).
A limited quantity of hazardous materials that is also a consumer
commodity may be renamed "Consumer commodity" and reclassed as an
ORM-D material provided: (1) it meets the definition of a
consumer commodity in $ 171.8; (2) it is packaged for shipment
in accordance with the limited quantity provisions; and (3) the
packaging exception section referenced in column (8A) of the
$ 172.101 Hazardous Materials Table (HMT), allows an exception
for shipment as an ORM-D. When offered for transportation by
air, packagings for which retention of liquid is a basic function
must be capable of withstanding without leakage the internal
pressure standards in § 173.27(c). An ORM-D material is subject
to the marking requirements in § 172.316. Under § 172.200 (b) (3),
a shipping paper is not required
. for an ORM-D materials unless it
is being offered or intended for transportation by air.
Your questions are answered as follows:
Q1. Our company ships Instant cold packs,
each containing less
than two ounces of Ammonium nitrate, UN2072, class 5.1.
renamed them as "Consumer commodities"
We have
and reclassed them as ORM-
D, under the provisions of § 173.152.
reclassification?
Is this an authorized
....
....

<<<PAGE 2>>>

Al. Yes, your product appears to meet the definition of a
consumer commodity as defined in $ 171.8 and, based on the
quantity of material being shipped |< 2 oz.), qualifies for the
limited quantity exceptions in § 173.152. Please note that in
your letter you identified the Instant cold packs as containing
Ammonium nitrate, UN2072. It is our opinion that your product
would be more accurately described as Ammonium nitrate, UN1942.
Identification number UN2072 is used to identify Ammonium nitrate
fertilizer, n.o.s.
Q2. We are a distributor of several types of aerosols. Our
vendors (manufacturers) have tested and renamed these products
"Consumer commodities" and reclassed them as ORM-D material under
the provisions of $ 173.306 (a) (3). Are we authorized to reoffer
these products for transportation by air or must we test them
ourselves?
A2. Provided the materials meet the definition of an aerosol in
$ 171.8 and the inner receptacles have been tested and conform
fully to the limited quantity exceptions under § 173.306 (a) (3)
and all other applicable requirements, you may reoffer the
aerosols for transportation by air without further testing.
Q3. We ship first aid kits containing one to three items
authorized reclassification as ORM-D materials. Should these
kits be described as First aid kits, UN3316, or may they be
reclassified as Consumer commodities, ORM-D, when transported by
air?
A3. The materials may be shipped as First aid kits, UN3316, as
prescribed in § 172.102, Special Provision 15. Because there is
no exception listed in column (8A) of the HMT for First aid kits,
UN3316,
the reclassification of the kits as ORM-D materials is
not authorized. You may, however, evaluate whether each material
in the kit separately qualifies for the limited quantity and
consumer commodity exceptions in their respective packaging
provisions. Materials in the kit that are properly reclassified
as Consumer commodity, ORM-D, may be packed in the same outer
packaging if they meet the packaging requirements in S$ 173.24,
173.24a (to include 173.24a (c)), 173.27, and 173.156.

<<<PAGE 3>>>

* 3, €
•
We trust this answers your questions. Let us know if we can be of
further assistance.
Sincerely,
Hitte 2. Mittell
•
Hattie I. Mitchell, Chief
Regulatory Review and Reinvention
Office of Hazardous Materials
Standards

<<<PAGE 4>>>

• = =
3202 Latham Drive
P.O. Box 44190
CONNEY.
Madison, WI 53744-4190
FAX 608-271-3322
Telephone 608-271-3300
SAFETY PRODUCTS
Protective Clothing
Personal Safety Equipment
First Aid Supplies
Environmental Protection Products
July 22, 1998
stevens
173.152
Edward Mazzullo
Director at the Office of Hazardous Materials Standards
400 7" Street SW
Washington, D.C., 20590
Dear Mr. Mazzullo:
We are a distributor of safety products, personal protection from head to toe. Our strategic plan for the
near future is to offer a 2-day service to our customers in California. A couple hundred SKUs out of
the 10,000 that we carry in stock are regulated by the DOT.
I am in the process of establishing a procedure on how to ship ORM-D' items via air. Before I
implement this procedure, I want to make sure that I have done it correctly. Could you please answer
the following questions in writing?
Instant cold pack, ammonium nitrate UN 2072 class 5.1 Oxidizer. I have reclassified this item
as a consumer commodity. The amount of ammonium nitrate per cold pack is less than 2 oz. I
have looked at §173.152 and it appears that this item meets the listed requirements. Could you
confirm that this is correct?
We carry several types of aerosol cans in stock: insect repellent, WD-40, pest control... these
items have already been classified as consumer commodities by our vendors (manufacturers).
Can we use this information and ship these items via air as consumer commodities or do we
need to run the tests from § 173.306? The cases are always marked as ORM-D consumer
commodities, and the MSDS list the aerosol cans as ORM-D consumer commodities.
3)
First aid kits containing one or up to three items classified as ORM-D: Should these be
classified as consumer commodities or First Aid Kit (UN 3316 class 9) when shipped air?
Time is of the essence in this matter, and I thank you in advance for taking the time from your busy
schedule to answer my questions. If you have any questions please feel free to contact me at my direct
line listed below, or you can send me a fax at (608) 271-3322.
Sincerely,
Mourad Flood Elyafi
Warehouse Manager
608-277-5412, Direct Line
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