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Interpretation Response #09-0041 ([DCMA Phoenix] [Mr. Josh Shea])

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

Interpretation Response Details

Response Publish Date:

Company Name: DCMA Phoenix

Individual Name: Mr. Josh Shea

Location State: AZ Country: US

View the Interpretation Document

Response text:

March 27, 2009






Mr. Josh Shea

DCMA Phoenix

40 N. Central Ave.

Phoenix, AZ 85004

Reference No. 09-0041

Dear Mr. Shea:

This is in response to your e-mail requesting clarification of the requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to fire extinguishers transported with self-propelled vehicles. Specifically, you ask whether fire extinguishers may be transported in a container that is secured to the vehicle. You state that military vehicles will be transported via highway and that fire extinguishers will be packed in wooden boxes with metal bands securely attached to the vehicles.

I assume the military vehicles are being transported on another motor vehicle. Use of the fire extinguisher on the military vehicle is intended for the safety of the operator or passengers and is in conformance with § 173.220(e) when securely attached to the vehicle as described in your e-mail. Also note that the transport of hazardous materials in vehicles operated by military personnel solely for noncommercial, military purposes is not subject to the HMR. This also applies to the transport of hazardous materials by other government agencies. If the purpose is commercial or if the government entity offers hazardous materials for transportation to commercial carriers, then the HMR apply.

I hope this information is helpful. Please contact this office should you have additional questions.

Sincerely,

Hattie L. Mitchell, Chief

Regulatory Review and Reinvention

Office of Hazardous Materials Standards

§ 173.220(e)

Regulation Sections

Section Subject
173.220 Internal combustion engines, vehicles, machinery containing internal combustion engines, battery-powered equipment or machinery, fuel cell-powered equipment or machinery