Interpretation Response #22-0019
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
May 18, 2022
Mariele Aparecida Nonis Munhoz
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
|§ 172.101||Purpose and use of hazardous materials table|