{"operation":"document","citation":"98-0378","title":"Hilti, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1999-03-03","effective_on":null,"summary":"98-0378 response to Hilti, Inc. concerning 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0378.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0378.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0378","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1998/980378.pdf","body":"<<<PAGE 1>>>\n\n111.8\n173.22-\nU.S.Department\nof Transportation\nWashington, D.C\nResearch and\nAdministration\nSpecial Programs\nMAR 3\n1999\nMr. Marlyn Boyce\nDistribution Specialist\nHilti, Inc.\n5400 South 122nd East Avenue\nRef. No. 98-0378\nTulsa, OK 74121\n:\nDear Mr. Boyce:\nThis is in response to your December 17, 1998 letter and telephone conversation with a member\nof my staff concerning the definition of consumer commodity in 49 CFR 171.8. Also you\nprovided information on ten materials and requested our assistance on determining whether they\nqualify for reclassification as ORM-D.\nA consumer commodity is: defined as a material that is packaged and distributed in a form\nintended or suitable for sale through retail sales agencies or instrumentalities for consumption by\nindividuals for purposes of personal care or household use. Even though a material may not be\nintended for retail consumption, it may be suitable for such usage and, therefore, may meet the\ndefinition of consumer commodity. Such products may include detergents, adhesives, and paint\nrelated materials. However, products that are not normally sold for purposes of personal care or\nhousehold use, such as certain dental supplies and some products found in a chemical specialty\nstore, are not consumer commodities.\nIn order for your products to be renamed \"Consumer commodity\" and reclassed as ORM-D,\neach product must meet the following requirements: (1) the definition for consumer commodity;\n(2) the material is authorized packaging exceptions in Column (8A) of the 49 CFR 172.101\nHazardous Materials Table; (3) in thè referenced packaging exception section, the regulations\nallow an exception for shipment as an ORM-D; and (4) the material is properly prepared for\nshipment in accordance with the consumer commodity provisions.\nBased upon the information you provided, it is our opinion that most of your materials would\nprobably qualify for reclassification as ORM-D if the above criteria are satisfied. Shipments by\nair must meet the requirements in §173.6.\nWith regard to ORM-D shipments to or from Alaska, Puerto Rico or Hawaii, the materials may\nbe prepared for transportation in accordance with the HMR or, alternatively, in accordance with\n§ 171.11 or § 171.12 as applicable, with certain exceptions. Section 171.11 provides that a\nhazardous material may be transported by aircraft, and by motor vehicle either before or after\nbeing transported by aircraft, in accordance with the International Civil Aviation Organization's\n\n<<<PAGE 2>>>\n\n-.\nICAO. In the ICAO regulations, the entry \"Consumer Commodity, UN8000,\" Class 9,\nreferences Special Provision A112. This special provision states: \"Consumer Commodities\nmay only include substances of Class 2 (non-toxic aerosols only), Class 3, Packing Group\nIl or III, Division 6.1 (Packing Group III only) and UN 3175, provided such substances do\nnot have a subsidiary risk.\" They must also meet the requirements of Packing Instruction\n..\n910. Section 171.12 provides that a hazardous material may be prepared for transportation\nin accordance with the International Maritime Dangerous Good (IMDG) Code if all or part\nof the transportation is by vessel. The IMD Code contains no entry for Consumer\nCommodity, Class 9, but provides relief for consumer commodities in Chapter 18 and\nspecifically in paragraph 18.9.1.\nI hope this information is helpful. Should you have further questions, do not hesitate to\ncontact us.\nSincerely,\nNathe z. Mitchell\nHattie L. Mitchell, Chief\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nConsumer\n171.8\ncommodity\n173.22\nU.S. Department\nof Transportation\nWashington, D.C\n400 Seventh Street, SW\nResearch and\n20590\nSpecial Programs\nAdministration\nMAR 3\n1999\nMr. Marlyn Boyce\nDistribution Specialist\nHilti, Inc.\n5400 South 122nd East Avenue\nRef. No. 98-0378\nTulsa, OK 74121\nDear Mr. Boyce:\n••\nThis is in response to your December 17, 1998 letter and telephone conversation with a member\nof my staff concerning the definition of consumer commodity in 49 CFR 171.8. Also you\nprovided information on ten materials and requested our assistance on determining whether they\nqualify for reclassification as ORM-D.\nA consumer commodity is defined as a material that is packaged and distributed in a form\nintended or suitable for sale through retail sales agencies or instrumentalities for consumption by\nindividuals for purposes of personal care or household use. Even though a material may not be\nintended for retail consumption, it may be suitable for such usage and, therefore, may meet the\ndefinition of consumer commodity. Such products may include detergents, adhesives, and paint\nrelated materials. However, products that are not normally sold for purposes of personal care or\nhousehold use, such as certain dental supplies and some products found in a chemical specialty\nstore, are not consumer commodities.\nIn order for your products to be renamed \"Consumer commodity\" and reclassed as ORM-D,\neach product must meet the following requirements: (1) the definition for consumer commodity;\n(2) the material is authorized packaging exceptions in Column (8A) of the 49 CFR 172.101\nHazardous Materials Table; (3) in the referenced packaging exception section, the regulations\nallow an exception for shipment as an ORM-D; and (4) the material is properly prepared for\nshipment in accordance with the consumer commodity provisions.\nBased upon the information you provided, it is our opinion that most of your materials would\nprobably qualify for reclassification as ORM-D if the above criteria are satisfied. Shipments by\nair must meet the requirements in § 173.6.\nWith regard to ORM-D shipments to or from Alaska, Puerto Rico or Hawaii, the materials may\nbe prepared for transportation in accordance with the HMR or, alternatively, in accordance with\n§ 171.11 or § 171.12 as applicable, with certain exceptions. Section 171.11 provides that a\nhazardous material may be transported by aircraft, and by motor vehicle either before or after\nbeing transported by aircraft, in accordance with the International Civil Aviation Organization's\n\n<<<PAGE 4>>>\n\n=\nICAO. In the ICAO regulations, the entry \"Consumer Commodity, UN8000,\" Class 9,\nreferences Special Provision A112. This special provision states: \"Consumer Commodities\nmay only include substances of Class 2 (non-toxic aerosols only), Class 3, Packing Group\nII or III, Division 6.1 (Packing Group III only) and UN 3175, provided such substances do\nnot have a subsidiary risk.\" They must also meet the requirements of Packing Instruction\n910. Section 171.12 provides that a hazardous material may be prepared for transportation\nin accordance with the International Maritime Dangerous Good (IMDG) Code if all or part.\nof the transportation is by vessel. The IMIDG Code contains no entry for Consumer\nCommodity, Class 9, but provides relief for consumer commodities in Chapter 18 and\nspecifically in paragraph 18.9.1.\nI hope this information is helpful. Should you have further questions, do not hesitate to\ncontact us.\nSincerely,\nHithe z. Mitchell\nHattie L. Mitchell, Chief\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards","truncated":false,"body_characters":7180}