{"operation":"document","citation":"99-0114","title":"Poly Fiber, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1999-07-17","effective_on":null,"summary":"99-0114 response to Poly Fiber, Inc. concerning 173.150.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0114.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0114.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0114","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1999/990114.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nWashington, D.C.\n400 Seventh Street, S.W.\n20590\nof Transportation\nResearch and\nAdministration\nSpecial Programs\nJUL 17 1999\nMr. Gregory Albarian\nRef. No. 99-0114\nPoly Fiber, Inc.\nP.O. Box 3129\nRiverside, CA\n92519\nDear Mr. Albarian:\nThis is in response to your letter dated April 28, 1999,\nrequesting clarification of exceptions for Class 3 and Class 8\nmaterials in S$ 173.150 and 173.154. Specifically you want to\nknow how to ship Class 3 and Class 8 materials as \"Consumer\nIo ship your product as a Consumer commodity, ORM-D, it must: 1)\nmeet the definition for Consumer commodity; 2) in the packaging\nsection referenced in the Hazardous Materials Table in § 172.101,\nbe allowed a special exception for shipment as an ORM-D, for\nexample $ 173.150 (c); and 3) be packaged for shipment in\naccordance with the limited quantity provisions.\nPacking Groups II and III, you would be limited to combination\nIn order to be a limited quantity of a Class 3 material in\npackagings with inner packagings not exceeding 1 liter and\nliters respectively. In order to be a limited quantity of a\nClass 8\nmaterial in\nPacking Groups II and III, you would be\nlimited\nto combination packagings with inner packagings not\nexceeding 1 liter and 4 liters respectively.\nTherefore, if your\nproducts are suitable for sale in retail outlets as stated in\nyour letter and are packaged as limited quantities in accordance\nwith § 173.150 (b) and § 173.154 (b), they may be renamed Consumer\ncommodity and reclassified ORM-D.\nI hope this satisfies your request.\nSincerely,\nGale\nTransportation Regulations Specialist\nOffice of Hazardous Materials Standards\n173./50\n990114\n\n<<<PAGE 2>>>\n\nP.O. Box 3129, Riverside, CA 92519\nAircraft\nCoatings\nPhone: (909) 684-4280 • FAX: (909) 684-0518\nBAIt\n$173.150\n99-0114\nApril 28, 1999\nDear Mr. Mazzullo,\nI have been doing some research on ORM-D shipping. My understanding is\naccording to CFR 49 section 173.150. An ORM-D shipment must meet the\nrequirements of a limited quantity and the definition of ORM-D. Our\nmaterial is Class 3 and Class 8, Packing Group II and III. We are therefore\nable to send up to liter containers of the Group II materials and up to 5 liter\ncontainers of the Group III materials as long as the packages do not exceed\n66 pounds. It is also being shipped to end users or intended and suitable for\nretail sales.\nIf you would be so kind, Sir, I would appreciate a response from you on DOT\nletterhead that I may forward to my Distributors saying these things are\naccurate. It would enable us to ship small amounts of materials ORM-D.\nThank you for your time and assistance, Sir.\nSincerely,\nGregory Albarian\nOperations Manager\nPoly-Fiber, Inc.","truncated":false,"body_characters":2692}