New DOT Letter of Interpretation Sheds Additional Light on Requirements

摘要

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 longstanding 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.