Mr. Louis Sachs — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington, D.C. Research and special Programs Administration DEC 17 1999 Mr. Louis Sachs Ref. No. 99-0290 9291 East Bay Harbor Drive 3E Bay Harbor Islands, FL 33154 Dear Mr. Sachs: This is in response to your letter dated October 26, 1999, and regarding shipment of consumer commodities under the Hazardous subsequent telephone conversation with a member of my staff, Materials Regulations (HMR; 49 CER Parts 171-180). Specifically, you ask if your product would qualify for the consumer commodity exception. Under $ 173.22 it is the shipper's responsibility to properly class a hazardous material. To ship your product as a Consumer commodity, ORM-D, it must: 1) meet the definition for consumer commodity under § 171.8; 2) in the packaging section referenced in the Hazardous Materials Table in $ 172.101, be allowed a special exception for shipment as an ORM-D, for example § 173.150; and 3) be packaged for shipment in accordance with the limited quantity provisions. Provided your material meets the definition of a flammable liquid "Flammable liquid, n.o.s., 3, UN1993, PG II," and is packaged as under § 173.120, is described using the proper shipping name described in your letter it will qualify for the limited quantity definition of a consumer commodity as defined in § 171.8, you may exception. Therefore, if the material as packaged meets the rename it "Consumer commodity" and reclass it "ORM-D." I hope this satisfies your request. Sincerely, Transportation Regulations Specialist Office of Hazardous Materials Standards 990290 1118#

Page 2BAH 8171.8 consumer commodite U.S. Dept. of Transportation /RSPA BHM-10 99-0290 400 7th St. S.W. Washington, D.C. 20590 Att: Director Edward Mazzullo Dear Sir: I recently spoke with Mr. Arthur Pollack of your office who was very helpful in giving me information necessary to have a D.O.T. classification for a product to be manufactured. The product is a disinfectant containing isopropyl alcohol, acetone and benzalkonium chloride. It will be packaged in a 2 fl. oz. HDPE plastic bottle with a total weight of 2.2 ounces, a carton containing 36 bottles would weigh a total of 5½ Ibs. I understood t 38 that if the total weight was under 20 lbs. a 200 lb. test carton was required and over 201bs. it required a 275 Ib. test carton. Mr. Pollack indicated that with the information I had givin him that it would qualify for the classification: consumer commodity ORM-D. If there is any printed information available concerning the above, I would appreciate recieving it together with any necessary paperwork required. 9291 IE. Bay Harbor Drive 3E Bay Harbor Islands, Florida 33154 (305) 868-4180#