Interpretation Response #12-0211 ([HAZMATEAM] [Mr. Paul Dambek])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: HAZMATEAM
Individual Name: Mr. Paul Dambek
Location State: NH Country: US
View the Interpretation Document
Response text:
February 8, 2013
Mr. Paul Dambek
Hazardous Materials Trainer and Consultant
HAZMATEAM
12 Kimball Hill Rd.
Hudson, NH 03051
Reference No.: 12-0211
Dear Mr. Dambek:
This is in response to your September 21, 2012 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You ask several questions concerning shipments of a DOT Specification 4BA cylinder in non-specification strong outer fiberboard boxes. Your questions are paraphrased and answered below:
Q1. When shipping a specification 4BA cylinder in a strong outer packaging (fiberboard box), please indicate which of the following package marking and labeling scenarios is, or are, correct:
#1. Cylinder- No hazard communication labels or marks Box- 2.2 label, UN 1044, FIRE EXTINGUISHERS, and OVERPACK markings
#2. Cylinder- 2.2 label, UN 1044 and FIRE EXTINGUISHERS markings Box- 2.2 label, UN 1044 FIRE EXTINGUISHERS, and OVERPACK markings
#3. Cylinder- No hazard communication labels or marks Box- 2.2 label, UN 1044, FIRE EXTINGUISHERS markings
#4. Cylinder- No hazard communication labels or marks Box- 2.2 label (Air Transport Only), and Limited Quantity Marking described in § 172.315
A1. The labeling and marking configuration in #2 above would be correct if the box was marked with an indication that the inner packagings conform to the prescribed specifications instead of the "OVERPACK" marking. Please note HM 215-K [Docket No. PHMSA–2009–0126 (HM–215K)] 78 FR 1116 clarified the requirements for limited quantity shipments of fire extinguishers.
Q2. When describing the cylinder in a box on a shipping paper, to comply with the requirement in § 172.202(a)(7) to indicate the number and type of package; which of the following packaging descriptions is, or are correct; cylinder, carton, or box.
A2. It is the opinion of this office that either box, or carton are the most appropriate descriptions of the number and kind of packages for describing cylinder shipped as inner packages of fiberboard boxes. The definition of a package in § 171.8 is a packaging plus its contents. The use of a term like cylinder to comply with the requirements in § 172.202(a)(7) would indicate cylinders shipped without outer packaging. As several fire extinguishers may be shipped in one outer package, the use of the term cylinder and a corresponding number of cylinders offered for transport to comply with the requirements in
§ 172.202(a)(7) is not recommended.
Q3. May a 4BA cylinder ever be shipped by itself, without an outer packaging?
A3. No. The general requirements in § 173.301(a)(9) require 4BA cylinders to be packed in strong non-bulk outer packagings.
Q4. Section 173.301(a)(9) states that cylinders must be placed in an outer packaging and marked "inner packages conform to prescribed specifications". Is the use of the word "OVERPACK" allowed and equivalent to "inner packages conform to prescribed specifications"?
A4. No. The outer fiberboard box you mention in your letter is considered an outer package when transporting your 4BA cylinder and not an overpack. The package must be marked with a specific indication that the inner packagings conform to the prescribed specifications in accordance with § 173.301(a)(9).
I trust this satisfies your inquiry. Please contact us if we can be of further assistance.
Sincerely,
Delmer Billings
Senior Regulatory Advisor
Standards and Rulemaking Division
173.301, 172.202