Interpretation Response #23-0032

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

Interpretation Response Details

Response Publish Date: 08/16/2023

Company Name: Waysmos USA

Individual Name: Mike Kiamanesh

Location State: TX Country: US

View the Interpretation Document

Response text:

August 16, 2023

Mike Kiamanesh
Waysmos USA
2032 Robert Browning St.
Austin, TX  78723

Reference No. 23-0032

Dear Mr. Kiamanesh:

This letter is in response to your March 24, 2023, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transport of a liquid fire suppression agent that you manufacture. In your letter, you state that the material is not a hazardous material and you provide a safety data sheet as supporting documentation. Further, you state that you would like to transport the liquid material in a non-DOT specification cylinder instead of your current practice of using a 55-gallon steel drum. You note that internationally these cylinders are used to transport pressurized liquified gases such as other fire suppression agents. You state that this change in manner of transport is to facilitate filling of the associated fire suppression system upon delivery. Specifically, you request confirmation that this shipment is not subject to the requirements of the HMR and that the use of these cylinders is permitted.

In accordance with § 173.22, it is the shipper's responsibility to properly classify a hazardous material. If you have determined that the liquid fire suppression agent is not a hazardous material in accordance with applicable HMR criteria, then it is not subject to the HMR and may be transported in the packages you noted without restriction from the HMR.

I hope this information is helpful. Please contact us if we can be of further assistance.

Sincerely,

Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division

173.22

Regulation Sections