{"operation":"document","citation":"99-0036","title":"Marcus & Shapira LLP — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1999-05-24","effective_on":null,"summary":"99-0036 response to Marcus & Shapira LLP concerning 172.101.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0036.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0036.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0036","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1999/990036.pdf","body":"<<<PAGE 1>>>\n\n172.1018\nof Transportation\nU.S. Department\n400 Seventh Street, S.W.\nWashington, D.C.\n20590\nResearch and\nSpecial Programs\nAdministration\nMAY 24 1999\nMs. Elly Heller-Toig\nRef. No. 99-0036\nMarcus & Shapira LLP\nOne Oxford Centre, 35%h Floor\n301 Grant Street\nPittsburgh, Pennsylvania 15219-6401\nDear Ms. Heller-Toig:\nThis is in response to your letter dated February 2, 1999, regarding the applicability of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to certain hazardous materials.\nYou state that the materials are transported by common or private carriers from a distribution\ncenter to retail stores (a supermarket chain). Your questions are paraphrased and answered as\nfollows:\nQ1. If a package of ORM-D material is opened and individual units are removed and offered\nfor transportation, does the product retain its status as ORM-D?\nAl. The answer is yes. The ORM-D material must be offered for transportation in full\nconformance with the requirements in § 173.156. Also note that if a common carrier is\nused, the vehicle must be under exclusive use for such service.\nQ2. If a package of ORM-D material is open and the individual units are placed in a tote with\nother materials for a specific delivery, does the material retain its ORM-D status?\nA2. Yes. Same response as A1 above.\nQ3. Can an ORM-D product be placed in a tote with non-ORM-D products and retain its\nstatus as an ORM-D?\nA3. Yes. Same response as Al above.\nQ4. Must the tote containing the ORM-D materials be marked ORM-D, or may it be\nunmarked?\nA4.\nIf the ORM-D materials are offered in conformance with the requirements in § 173.156\n(b)(1), the marking requirements specified in subpart D of part 172 and the 66 pounds\ngross weight limitation do not apply.\n990036\n\n<<<PAGE 2>>>\n\n•\nQ5.\nIf an order is being shipped in a tote marked \"ORM-D\", and there is no ORM-D product\nin the tote, does this cause a problem?\nA5.\nThe answer is yes. Section 172.303 (a), \"Prohibited marking\", states that no person may\noffer for transportation or transport a package which is marked with the proper shipping\nname or identification number of a hazardous material unless the package contains the\nidentified hazardous material or its residue, or unless transportation of the package\nconforms to the provisions in § 172.303 (b).\nFinally, the enclosed chart of your analysis of the applicable requirements contains two\ndiscrepancies. First, you indicate that disposable Lighters, UN 1057 are excepted from\nspecification packaging when no more than 1,500 devices are transported in one (1) motor\nvehicle. This is not true. Section 173.308 (b) provides exceptions from the requirements of\nsubparts C through H of part 172 as well as part 177 of the HMR when no more than 1,500\ndevices are transported in one motor vehicle by highway. Those exceptions do not exclude the\nuse of specification packagings. Disposable lighters must conform to the requirements in\n§§ 173.21, 173.308, and the packaging requirements prescribed in Special Provision: N10.\nI hope this information is helpful. Please contact us if we can assist you further.\nSincerely,\ni fe\nIta\nHattie L. Mitchell, Chief\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards","truncated":false,"body_characters":3226}