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Limited Quantities and Consumer Commodities: New DOT Letter of Interpretation Sheds Additional Light
Three letters were recently issued by DOT that addresses various issues relating to the provisions in the HMR governing the transport of limited quantities and consumer commodities. In this article Mr. Altemos discusses the transportation of paints as limited quantities, materials intended only for industrial or institutional use as falling into the definition of “consumer commodity”, and DOT’s position that a diluted material, packaged in an IV bag, that previously would fall under the consumer commodity definition no longer does so.
Three letters were recently issued by DOT that addresses various issues relating to the provisions in the Hazardous Materials Regulations (HMR) governing the transport of limited quantities and consumer commodities. In general, these confirm and reiterate long-standing interpretations of the applicable provisions - but at least one of them appears to view one aspect of the consumer commodity provisions from a slightly new angle.

Before looking at the letters as they relate to the consumer commodity provisions, a point in one of the letters regarding the eligibility of flammable paints or paint related materials (UN 1263) to be transported under the limited quantity exceptions requires some clarification. (See letter referencing §§173.154 & 173.150 dated June 16, 2008 to Paxton Company on p. 44 of this issue). In the answer to the first question in the letter to Mr. George Plum, DOT states that for flammable Packing Group II paint or paint related materials, the maximum capacity of the inner packaging allowed to be shipped under the limited quantity exceptions may not exceed 1 liter, as provided in § 173.150(b)(2). The letter goes on to state that Class 3, Packing Group II “Paint” (UN 1263) may not be shipped as a limited quantity in a one gallon inner packaging. This is not entirely accurate. Were this to be the case, the standard one-gallon paint can would be in serious trouble in terms of shipment not only as a “limited quantity”, but also in terms of eligibility for the reclassification of Packing Group II flammable paint in containers of this capacity as ORM-D. While it is correct that § 173.150(b)(2) generally limits to 1.0 liter the capacity of an inner receptacle in which Class 3, Packing Group II hazardous materials may be transported under the limited quantity provisions, there is an exception to this general rule applicable to flammable paints and paint related materials. This exception in prescribed in Special Provision 149 - which is assigned to the Packing Group II entries for both “Paint” and “Paint related material” (UN 1263) in the Hazardous Materials Table. Special Provision 149 provides that: “When transported as a limited quantity or a consumer commodity, the maximum net capacity specified in § 173.150(b)(2) of this subchapter for inner packagings may be increased to 5 L (1.3 gallons).”

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