PHMSA Response Letter

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Mr. Bruce Z. Sklak
Coventry Coating Corporation
89 Taft Avenue
Newburgh, NY 12550

Ref. No.: 08-0101

Dear Mr. Sklak:

This is in response to your April 4, 2008 letter requesting confirmation of your understanding of the requirements for consumer commodities under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask for confirmation of your understanding of the requirements for reclassing a material described as “Paint related material, Class 3, UN1263, PG II” as “Consumer commodity, ORM-D”.

In your letter, you state your company ships a urethane paint reducer described as “Paint related material, Class 3, UN1263, PG II” in 1-gallon metal cans. Four cans are placed into a 4G box. The gross weight of the entire package is 35 pounds. You note that § 172.102, Special provision 149 permits up to 5 L (1.3 gallons) of paint related material per inner packaging to be shipped as a limited quantity.

Your understanding is correct that your product described as “Paint related material, Class 3, UN1263, PG II” may be renamed and reclassed as "Consumer commodity, ORM-D" and shipped in accordance with the packaging exceptions in § 173.150. Packages containing ORM-D material must be marked in accordance with § 172.316. Exceptions for shipment of a material described as "Consumer commodity, ORM-D" are provided in § 173.156.

I hope this information is helpful. Please contact us if you require additional assistance.

Sincerely,

John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards

173.150 172.316