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Interpretation Response #09-0212 ([Horizon Hobby, Inc.] [Mr. Travis Morenz])

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

Interpretation Response Details

Response Publish Date:

Company Name: Horizon Hobby, Inc.

Individual Name: Mr. Travis Morenz

Location State: IL Country: US

View the Interpretation Document

Response text:

October 6, 2009

 

 

 

Mr. Travis Morenz

Distribution Center Supervisor

Horizon Hobby, Inc.

4105 Fieldstone Road

Champaign, IL 61822

Ref. No.: 09"0212

Dear Mr. Morenz:

This responds to your August 27, 2009 letter regarding the definition of an aerosol in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171"180). Specifically, you ask if a metal container filled with a liquefied compressed gas but without the corresponding liquid, paste, or powder, can be defined as an aerosol.

The answer is no. In accordance with § 171.8, an aerosol means any non-refillable receptacle containing a gas compressed, liquefied or dissolved under pressure, the sole purpose of which is to expel a nonpoisonous (other than a Division 6.1 Packing Group III material) liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas. Also see related §§ 171.23(b)(1) and 173.306(a)(3).

I trust this satisfies your inquiry. Please contact us if we can be of further assistance.

Sincerely,

Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards

171.8, 171.23(b)(1), 173.306(a)(3)

Regulation Sections

Section Subject
171.23 Requirements for specific materials and packagings transported under the ICAO Technical Instructions, IMDG Code, Transport Canada TDG Regulations, or the IAEA Regulations
171.8 Definitions and abbreviations
173.306 Limited quantities of compressed gases