Navieras NPR, Inc. — Hazardous Materials Safety Interpretation

Page 1- U.S. Department of Transportation 400 Seventh Street, S.W. Special Programs Research and Washinglon, D.C. 2059( Administration MAR 2 9 1999 Ms. Myriam Rivera Manager, Hazardous Materials Ref. No. 99-0049 Navieras NPR, Inc. PO Box 71306 San Juan, Puerto Rico 00936-8306 Dear Ms. Rivera: This is in response to your letter dated February 9, 1999, requesting clarification of § 173:150 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask for verification that alcoholic beverages containing more than 24% of alcohol by volume may be . reclassified as a consumer commodity. Although it is possible to ship limited quantities of alcoholic beverages as consumer commodities, an alcoholic beverage (wine and distilled spirits as defined in 27 CFR 4:10 and 5.11) is not subject to the HMR if it is shipped in an inner packaging of five liters or less ($ 173.150 (d) (2)). Regardless of the alcoholic content of the material, if the alcoholic beverages are being shipped inside of inner containers with a capacity less than or equal to five liters, you would not be subject to shipping papers, marking, labeling, placarding or packaging requirements of the HMR. I hope this satisfies your request. Sincerely, Transportation Regulations Specialist Office of Hazardous Materials Standards 173.150#

Page 2BAH NAVIERAS. $173.150 NPR, INC. 99-0049 PO BOX 71306 SAN JUAN PUERTO RICO 00936-8306 • (809) 793-3000 February 9, 1999 Mr. Edward Mazzulo-DHM-10 DOT-RSPA-OHMS 400 7th St. SW Washington, DC 20590 Dear Mr. Mazullo: Confirming my telephone conversation with one of your compliance officers, I Will appreciate your claritication on certain requirements for alcoholic beverages found in 173.150(b)-(d). Specifically, I refer to beverages containing more than 24% of alcohol per volume. I interpret from 173.150(b)(2) & (3) that, regardless the content of alcohol and not over 5.0L (PG III) may be renamed as "Consumer Commodity" by volume, alcoholic beverages in inner packagings not over 1.0L (PG II), and such are not regulated at all. 2. Not regulated means that they are totally exempted from the labeling, Commodity, ORM-D, as required by 172.301(a)(1) and 172.316(a)((2). Your comments and/or recommendations will be appreciated. Thank you for your attention to this matter. Cordially, NAVIERAS NPR,INC MR Manager, Hazardous Materials#