Interpretation Response #08-0218R ([First Alert BRK Brands, Inc.] [Mr. Brian J. Strasma])

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

Interpretation Response Details

Response Publish Date: 08/11/2009

Company Name: First Alert BRK Brands, Inc.

Individual Name: Mr. Brian J. Strasma

Location State: IL Country: US

View the Interpretation Document

Response text:

August 11, 2009

Mr. Brian J. Strasma

First Alert BRK Brands, Inc.

3901 Liberty Street Road

Aurora, IL 60504-8122

Ref. No. 08-0218R

Dear Mr. Strasma:

This letter supersedes our October 23, 2008 response to your August 14, 2008 letter and follow-up telephone discussions in which you requested clarification of the exceptions for non-specification cylinder fire extinguishers shipped by motor vehicle in conformance with

§ 173.309(a) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You also requested clarification of the marking requirements for different packaging configurations of these fire extinguishers. This letter contains additional clarifying information including reference to the non-bulk quantity limitation for packaging used for fire extinguishers.

Your letter described two packaging configurations in which fire extinguishers are packaged in 4-color consumer packaging and placed in a master carton or placed in a larger cardboard box display pallet. The consumer packaging may contain one or two fire extinguishers (e.g., a "2-pack") depending on the product. You also provided us with pictures illustrating the two packaging configurations and the various stages of consolidation for the configurations. The descriptions and pictures of the two packaging configurations are summarized as follows:

Configuration 1: Each fire extinguisher is placed individually in a consumer packaging, with several packagings consolidated into trays that are stretch-wrapped, and these tray units are placed in a large corrugated box that is stretch-wrapped to a pallet (i.e., the display pallet). The consumer packaging is not marked except that the proper shipping name "Fire extinguisher" is printed on the packaging as part of the product information. The display pallet is marked "Fire extinguishers, 2.2, UN1044, Limited Quantity." No Division 2.2 nonflammable gas labels are applied.

Configuration 2: Each fire extinguisher is placed individually in a consumer packaging, and 2-6 of these consumer packages are place in a master carton. The master cartons may be shipped individually or stretch-wrapped to a pallet. The consumer packaging is not marked except that the proper shipping name "Fire extinguisher" is printed on the packaging as part of the product information. Each master carton is marked "Fire extinguishers, Limited Quantity, UN1044." No Division 2.2 nonflammable gas labels are applied.

Your understanding of the exceptions provided in § 173.309(a) is correct. For transportation by highway, non-specification cylinders used as fire extinguishers and designed, manufactured, and filled with limited quantities of compressed gas in conformance with

§ 173.309(a) are not subject to the labeling or placarding requirements of the HMR. Your understanding of the hazardous materials endorsement requirements for a commercial driver"s license (CDL) is also correct. Because the shipment of fire extinguishers is not subject to placarding requirements, a hazardous material endorsement is not required. Please consult the Federal Motor Carrier Safety Regulations (49 CFR Parts 300-399) for more detailed information on CDL requirements.

Section 173.309(a) specifies that each fire extinguisher must be shipped as an inner packaging. The outside packaging must be marked in conformance with § 172.301. You indicate in a telephone conversation that it is company policy to protect the appearance of the consumer packagings by shipping them in either the master carton or the display pallet. It is the opinion of this Office that you may consider the consumer packaging as the outer packaging and the master carton or display pallet as an overpack.

With regards to the marking requirements prescribed in Subpart D of Part 172, the packagings are appropriately marked. The proper shipping name "Fire extinguisher" is prominently displayed on the outer consumer packagings. For limited quantities, the identification number "UN1044" is not required to be marked on the outer packaging as provided in § 172.301(a). The overpack (master carton) is appropriately marked with the proper shipping name in accordance with § 173.25. The overpack is not required to be marked "limited quantity" or with the hazard class division number, although the use of these markings is not precluded.

Also, note that if you believe the consumer packaging is not sufficient to meet the general packaging requirements prescribed in § 173.24, then for purposes of compliance with § 173.309(a), the consumer packaging may be considered an intermediate packaging and the display pallet (Configuration 1) or master carton (Configuration 2) may be considered the outer packaging. However, under this scenario, the display pallet in Configuration 1 would be limited to a non-bulk packaging, which is restricted to having a net mass of 400 kg (882 pounds) or less and a maximum capacity of 450 L or less as a receptacle for a solid. See definitions of "non-bulk packaging" and "outer packaging" in § 171.8.

I hope this information is helpful. Please contact us if you require additional assistance.

Sincerely,

Susan Gorsky

Regulations Officer

Office of Hazardous Materials Standards

173.309, 172.301(a), 173.25

Regulation Sections