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Interpretation Response #03-0001 ([Summit Environmental Corporation, Inc.] [Mr. Keith Parker])

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

Interpretation Response Details

Response Publish Date:

Company Name: Summit Environmental Corporation, Inc.

Individual Name: Mr. Keith Parker

Location State: TX Country: US

View the Interpretation Document

Response text:

Apr 8, 2003

 

Mr. Keith Parker                Reference No. 03-0001
CEO                  
Summit Environmental Corporation, Inc.
133 E Tyler Street
Longview, TX 75601

Dear Mr. Parker:

This is in response to your letter dated December 17, 2002 regarding the proper shipping description for your material FirePower 911™ under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  In your letter you stated that your product is a fire extinguisher in an aerosol can, and meets the limited quantity provisions in section 173.306(a)(3) and conforms to the consumer commodity provision in section 173.306(h). Therefore, you believe that the most appropriate shipping description for your product is “Aerosols, non-flammable” and that it can be renamed and reclassed as “Consumer Commodity, ORM-D.” You provided supporting test documentation and a sample package of the FirePower 911™ for our review.

As provided in 49 CFR 173.22, it is the shipper’s responsibility to properly classify a hazardous material and assign a proper shipping name from the Hazardous Materials Table (HMT).  Such determinations are not performed by this Office.  However, based upon the information and the packaging you provided, it is the opinion of this Office that “Aerosols, 2.2 (non-flammable gas)” most appropriately describes your product FirePower 911™ and it also meets the consumer commodity provision in § 173.306(h). Thus, FirePower 911™ may be renamed “Consumer Commodity” and reclassed as an ORM-D.

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

Sincerely,

 

Delmer F. Billings
Chief, Regulations Development
Office of Hazardous Materials Standards

173.306

Regulation Sections

Section Subject
173.306 Limited quantities of compressed gases