PHMSA letter of interpretation

Reclassing a material "Consumer commodity, ORM-D"

Pipeline and Hazardous Materials Safety Administration · May 29, 2008 · Reference No. 08-0101

PHMSA says to use caution with this letter. Not on website On January 19, 2011 PHMSA published HM-215K, which amended the HMR to maintain alignment with international standards. As a result, the ORM-D classification is being eliminated, however, limited quantities of authorized hazardous materials will still be authorized for reclassification to ORM-D until December 31, 2020 (extension appears in January 7, 2013 HM-215K) and ORM-D-AIR until December 31, 2012. After the transition dates, only authorized materials in § 173.167 may be renamed "Consumer Commodity.

Interprets: 49 CFR § 172.202

Reggie’s quick take

A company that ships paint reducer asked whether it can rename its product "Consumer commodity, ORM-D" instead of "Paint related material, Class 3, UN1263, PG II." The product comes in 1-gallon metal cans, four to a 4G box, with a gross weight of 35 pounds. The agency said the reclassing is allowed. The product can ship under the packaging exceptions in § 173.150, and the package must carry the ORM-D marking under § 172.316.

Written by AI (Claude) on Oct 22, 2026. Robots make mistakes and leave things out, so the letter below is what counts. Not legal advice.

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.

A letter of interpretation applies the regulations to the facts the requester described. It isn’t a regulation and isn’t legal advice. The agency’s copy.