FPPF Chemical Co., Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh Street, S.W. Washington, D.C. 20590 Research and Administration Special Programs AUG 4 1999 Mr. J. Christopher Lory Ref. No. 99-0201 FPPF Chemical Co., Inc. 117 West Tupper Street Buffalo, NY 14201-2193 Dear Mr. Lory: This is in response to your letter dated July 20, 1999, regarding reclassification of a material as a Consumer commodity under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) • Specifically you ask if a material that is suitable for retail a material that sale meets the definition for Consumer commodity even though it is not intended for retail sale. The answer is yes. The definition of a Consumer commodity in § 171.8 includes materials that are both packaged and distributed in a form intended or suitable for sale through retail sales agencies or instrumentalities for consumption by individuals for purposes of personal care or household use. This definition includes materials that are suitable for retail sale even if not specifically so intended and which may, in fact, be used in some other fashion. I hope this satisfies your request. Sincerely, John A. Transportation Regulations Specialis Gale Office of Hazardous Materials • Standards 990201#

Page 2BAH 171.8 Consurel FPPE commentary 99-0201 July 20, 1999 FPPF CHEMICAL CO., INC. FUEL ADDITIVES • TREATMENTS • CONDITIONERS Mr. Edward Mazzullo Director Office of Hazardous Material Hazmat Standard US DOT RSPA 400 7* Street S.W. Washington, DC 20590-0001 RE: Definition of "Consumer Commodity" per 49CFR Section 171.8. Dear Mr. Mazzullo, We ship many of our chemical products by United Parcel Service (UPS),some of these products are considered hazardous materials. UPS insist that even though our packaging volumes, packing group and various classes meet 49CFR and 173.15X requirements, it is their contention that our products could not be found under a kitchen sink, therefore, they charge us a "hazardous materials" surcharge. We contacted your department last month and according to the US DOT person we spoke to, the test to determine "consumer commodity" is; "can the product be purchased in a retail store?" If the answer to that question is yes, then it is a consumer commodity provided the product meets all the other requirements set forth in 49CFR for exception under ORM-D. Therefore, UPS should not charge FPPF Chemical Company a hazardous materials surcharge. Mr Mazzullo, please confirm in writing that the "retail store" test is the criteria for consumer commodity and the ORM-D exception. We will need this document to change the shippers practices. Sincerely, 2. 6hestupher Lary J. Christopher Lory President 117 WEST TUPPER STREET • BUFFALO, NEW YORK 14201-2193 • 716/856-9607 • FAX 716/856-0750#