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Interpretation Response #22-0019

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

Interpretation Response Details

Response Publish Date: 05-18-2022
Company Name: CBC Brazilian Cartridge Company    Individual Name: Mariele Aparecida Nonis Munhoz
Location state: SP    Country: BR

View the Interpretation Document

Response text:

May 18, 2022

Mariele Aparecida Nonis Munhoz
Legal Department
CBC Brazilian Cartridge Company
Avenue Humberto de Campos, 3.220, Guapituba, Ribeirão Pires, 
São Paulo State, Brazil,  09426-900

Reference No. 22-0019

Dear Ms. Munhoz:

This letter is in response to your March 22, 2022, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the other regulated material-domestic (ORM-D) marking on Division 1.4S cartridges, small arms. You ask for clarification regarding the requirement to remove the ORM-D marking from packagings given that the authorization to use the ORM-D classification—and use of the associated marking—expired on December 31, 2020. Specifically, you ask whether the ORM-D marking must be removed entirely from a package label for "Cartridges, small arms" or if it should still be used in association with the limited quantity marking to indicate the ORM-D classification.

Since the packages display the currently required limited quantity marking, the old ORM-D marking is not required to be removed prior to shipment. However, it is the opinion of this Office that the display of the ORM-D marking is confusing and may frustrate transportation of these packages because hazardous materials are no longer authorized to be reclassed as ORM-D for transport. Therefore, while not covering the phased-out ORM-D marking is not in violation of the HMR, we suggest that the best way to avoid frustration of the shipment is to cover the ORM-D marking and to discontinue its use in future shipments.

Finally, please note that PHMSA is currently working on a rulemaking to remove all references to ORM-D including the "Cartridges, small arms, ORM-D" entry in the § 172.101 hazardous materials table.

I hope this information is helpful. Please contact us if we can be of further assistance.


Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division


Regulation Sections

Section Subject
§ 172.101 Purpose and use of hazardous materials table