Interpretation Response #10-0134 ([Conax Florida Corporation Cobham Life Support] [Mr. Thanh Seybold])

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

Interpretation Response Details

Response Publish Date: 08/30/2011

Company Name: Conax Florida Corporation Cobham Life Support

Individual Name: Mr. Thanh Seybold

Location State: FL Country: US

View the Interpretation Document

Response text:

August 30, 2011

Mr. Thanh Seybold

Contracts Administrator

Conax Florida Corporation

Cobham Life Support

2801 75th Street

Petersburg, FL 33710

Ref:. No.: 10-0134

Dear Mr. Seybold:

This responds to your letter requesting guidance on re-classifying an "inflator" device packaged and shipped under Competent Authority (CA) Approval Number "EX-9110087", in accordance with the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You enclosed drawings of the device. According to your letter, this device is a water-activated automatic life preserver "inflator" which attaches to a life preserver. The "inflator" automatically actuates when immersed in water, assuming the human user is unconscious. These "inflator" devices are packaged with life preservers and are also packaged and shipped separately. Your company"s primary customer is the U.S. military: the Navy, Marines, and Air Force. The device is classed and described as "Cartridges, power device, 1.4S, UN0323, PG II" under CA "EX-9110087." You ask if this device should be classified as "Hazard Class 9, Life-saving appliances, UN3072."

The answer is no. The description "Life-saving appliances, not self-inflating containing dangerous goods as equipment (UN3072)" applies to the overall appliance rather than individual hazardous material used to supplement the appliance, such as those listed in § 173.219(b). The exception is intended to provide relief for a small quantity of a hazardous material that is integrated into a life-saving appliance. The "inflator" itself, classed and described as "Cartridges, power device, 1.4S, UN0323, PG II" under CA "EX-9110087," may not be reclassed and described as "Life-saving appliances, not self-inflating containing dangerous goods as equipment (UN3072)." The inflator must be integrated into a life-saving appliance.



I hope this information is helpful. If we can be of further assistance, please contact us.

Sincerely,

Ben Supko

Acting Chief, Standards Development

Standards and Rulemaking Division

173219(b)

Regulation Sections