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Interpretation Response #09-0296

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 12-14-2010
Company Name: Mansfield Consultants HK Ltd.    Individual Name: Mr. Jeffrey Mansfield
Country: HK

View the Interpretation Document

Response text:

December 14, 2010



Mr. Jeffrey Mansfield
Mansfield Consultants HK Ltd.
Unit 601 Bupa Centre
141 Connaught Road W.
Hong Kong.

Reference No. 09-0296

Dear Mr. Mansfield:

This is in response to your inquiry requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) regarding the packaging, marking and labeling of a package containing a dry motorcycle battery, which has not been filled with acid, and a bottle containing lead battery acid. You stated that the product will be transported as a Consumer commodity, ORM-D material. You submitted photographs of various packagings and asked which are authorized for transporting consumer commodities. You asked whether the Box 4 overpack in your attachment must have a corrosive label displayed and whether the Box 5 overpack must have "Consumer commodity," "ORM-D" and "Overpack" markings displayed.

The Box 4 overpack has the correct markings for Consumer commodity, ORM-D materials provided the markings meet the specifications in § 172.316. Section 172.316 specifies that non-bulk packages containing Consumer commodity, ORM-D materials must be marked on at least one side or end with "ORM-D" immediately following or below the proper shipping name "Consumer commodity." The ORM designation must be placed within a rectangle that is approximately 6.3 mm (0.25 inches) larger on each side than the "ORM-D" marking. A corrosive label, initial proper shipping name ("Battery acid") and UN number are not required to be displayed on packagings of materials that have been renamed "Consumer commodity" and reclassed as "ORM-D" (see § 173.154(b)). Note that § 172.316(a)(1) requires packages containing consumer commodities that are prepared for air shipment and packaged in accordance with the provisions of § 173.27 to be marked with "ORM-D-AIR" on the outer packages.

Also applicable to Box 4, "Overpack" is not a required marking when specification packages are not required (see § 173.25(a)(4)). Limited quantity shipments are excepted from specification packagings when packaged in a combination packaging as specified in § 173.154. Section 173.154(b)(1) and (b)(2) limit the net capacity in each inner packaging to a maximum of 1 L (0.3 gal) for Class 8, Packing Group II liquids and 5.0 L (1.3 gallons) for Packing Group III liquids. The inner packages must be packed in strong outer packagings. Provided the limited quantity provisions in § 173.154 are met, the limited quantity package may be overpacked with the dry battery in accordance with the provisions in § 173.25.

The markings on Box 5 are not correct for a shipment of Consumer commodity, ORM-D materials. For this package to be in compliance with the HMR to transport a consumer commodity material, the overpack must be marked with "Consumer commodity, ORM-D" in accordance with § 173.316, as described for Box 4.

I hope this information is helpful. Please contact this office if you have additional questions.


Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards

§§ 172.316, 173.154

Regulation Sections

Section Subject
§ 173.154 Exceptions for Class 8 (corrosive materials)