Interpretation Response #11-0189R ([Mr. W. Eugene Sanders III] [W.E. Train Consulting])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 04/02/2012

Company Name: Mr. W. Eugene Sanders III

Individual Name: W.E. Train Consulting

Location State: FL Country: US

View the Interpretation Document

Response text:

April 2, 2012

Mr. W. Eugene Sanders III
Manager
W.E. Train Consulting
8710 W. Hillsborough Avenue # 112
Tampa, FL 33615

Reference No.: 11-0189R

Dear Mr. Sanders:

This is a revised response to your August 15, 2011 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as they pertain to UN 1044, Fire Extinguishers. Specifically, you asked if highway or rail shipments of fire extinguishers conforming to the requirements of § 173.309(a) meet the definition of limited quantity in § 171.8. Further you asked whether such shipments are permitted to be marked with the limited quantity marking in accordance with § 172.315(a) and are eligible for the exception to the shipping paper requirement provided in § 172.200(b)(3).

In order to qualify under the limited quantity provision, a fire extinguisher must meet the requirements contained in § 173.309(a). If the container is packaged and offered for transportation in accordance with § 173.309(a) the limited quantity provision applies. For domestic transportation, as defined by § 171.8, by highway or rail, such limited quantity shipments of fire extinguishers are permitted to be marked with the limited quantity marking in accordance with § 172.315(a).

However, such shipments of fire extinguishers are not excepted from the shipping paper requirement. The shipping paper requirements specified in § 173.309(a) take precedence over the shipping paper exception for limited quantity packages in § 172.200(b)(3). My previous response indicated that these shipments are excepted from the shipping paper requirement, which is not correct.

I apologize for any confusion my earlier response may have caused, and hope this matter is now resolved. Pease contact us if we can be of further assistance.

Sincerely,

Delmer Billings
Senior Regulatory Advisor
Standards and Rulemaking Division

173.309, 171.8, 172.315, 172.200(b)(3)

Regulation Sections