Interpretation Response #11-0196 ([Integrated Support Services] [Mr. Chuck Kimball])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Integrated Support Services
Individual Name: Mr. Chuck Kimball
Location State: NC Country: US
View the Interpretation Document
Response text:
November 21, 2011
Mr. Chuck Kimball
Director of Engineering
Integrated Support Services
9700 Research Drive
Charlotte, NC 28262
Ref. No. 11-0196
Dear Mr. Kimball:
This is in response to your e-mail asking whether a hazardous article described as "Fire extinguisher, 2.2, UN 1044" conforming to 49 CFR § 173.309(a) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) meets the definition of limited quantity in § 171.8. Your questions are paraphrased and answered as follows:
Q1. Can a hazardous article described in accordance with the § 172.101 Hazardous Material Table as "Fire extinguisher, 2.2, UNl044" be considered a limited quantity under the HMR?
A1. Yes. The requirements for fire extinguishers are found in § 173.309 of the HMR. In order to qualify under the limited quantity provisions, a fire extinguisher must fully meet the limited quantity requirements contained in § 173.309(a) through 173.309(a)(3)(iv). If the container is packaged and offered for transportation in accordance with § 173.309(a) through 173.309(a)(3)(iv), the limited quantity provisions apply.
Q2. Assuming the answer to Q1 is yes, if a fire extinguisher is packaged and offered for transportation under the limited quantity provisions in § 173.309 (a), is a shipping paper required? We note that § 172.200(b)(3) excepts limited quantity packages from shipping papers for transportation by highway or rail.
A2. Yes. The shipping paper requirements specified in § 173.309(a) take precedence over the shipping paper exception for limited quantity packages in § 172.200(b)(3).
I trust this satisfies your inquiry. Please contact us if we can be of further assistance.
Sincerely,
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
173.309(a), 172.101
Regulation Sections
Section | Subject |
---|---|
172.200 | Applicability |
173.309 | Fire extinguishers |