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Interpretation Response #02-0149 ([Office of Hazardous Materials Enforcement] [Doug S. Smith])

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

Interpretation Response Details

Response Publish Date:

Company Name: Office of Hazardous Materials Enforcement

Individual Name: Doug S. Smith

Location State: DC Country: US

View the Interpretation Document

Response text:

Memorandum

OCT 2, 2002

Request for Interpretation

From: Delmer Billings                                              Ref. No. 02-0149
Chief, Standards Development

To: Doug S. Smith
Enforcement Officer
Office of Hazardous Materials Enforcement

This is inresponse to your March 29,2002 e-mail, asking whether a hazardous material classified as Fire Extinguisher 2.2. UN 1044 conforming to 49 CFR § 173.309 of the Hazardous Materials Regulations (HMR; 49 CFRParts 171-180)meetsthedefinitionoflimitedquantityin § 171.8. Furtheryouasked whether a Specification DOT - 39 cylinder is allowed to be used as a fire extinguisher under the provisions in § 173.309(a).

Your questions are paraphrased and answered as follows:

Q. Can a hazardous material classified in accordance with § 172.101 Hazardous Material Table as "Fire extinguisher, 2.2, UNl 044" be considered a limited quantity under the HMR and therefore excepted from the emergency response telephone number requirement under § 172.604?

A. The requirements for shipping fire extinguishers are found in § 173.309(a). In order to qualify under the limited quantity provision, a fire extinguisher must fully meet the limited quantity requirements contained in § 173.309(a) through 173.309(a)(3)(iv). If the container is packaged and offered for transportation in accordance with § 173.309 (a) through 173.309(a)(3)(iv) the limited quantity provision applies, and the package is excepted from the emergency response telephone number requirement in § 172.604.

Q. If a fire extinguisher is packaged and offered for transportation under the limited quantity provision in § 173.309 (a) must the description on the shipping paper include the words "Limited Quantity" or "Ltd Qty" as specified in § 172.203(b)?

A. Yes. Section 172.203(b) requires offerors of hazardous materials as limited quantities, including fire extinguishers, to include the words "Limited Quantity" or "Ltd Qty" following the basic description on the shipping paper.

Q. If a fire extinguisher is charged with a compressed gas to 240 psi and exceeds 7.22 cubic inches in capacity does the provisions under § 173.306 for limited quantity of compressed gases apply?

A. Section 173.306 is not referenced in the Hazardous Materials Table, §172.101 for Fire Extinguishers, therefore, § 173.309 applies.

Q. Are used specification DOT 39 cylinders authorized for use as fire extinguishers under 173.309(a)?

A. The IWR does not authorize the reuse of specification DOT 39 cylinders as fire extinguishers under § 173.309.

Q. If a DOT specification cylinder is charged with a nonflammable gas (e.g. Nitrogen) to 240 psi and contains a bladder with non-hazardous material is the material described as Fire Extinguisher 2.2, UNI044 or Nitrogen, compressed, 2.2. UNI066?

A. Provided that the extinguishing agent and expellant gas source (e.g. Nitrogen, compressed) is within the same containment vessel, the proper shipping description is "Fire Extinguisher 2.2, UNI04411.

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Regulation Sections

Section Subject
172.203 Additional description requirements
172.604 Emergency response telephone number