Interpretation Response #12-0075 ([Broward Fire Equipment and Service Inc.] [Mr. John A. Gioseffi])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Broward Fire Equipment and Service Inc.
Individual Name: Mr. John A. Gioseffi
Location State: FL Country: US
View the Interpretation Document
Response text:
March 9, 2012
Mr. John A. Gioseffi
President
Broward Fire Equipment and Service Inc.
101 SW 6th Street
Fort Lauderdale, FL 33301
Ref. No. 12-0075
Dear Mr. Gioseffi:
This is in response to your email and conversation with a member of PHMSA's field operations staff concerning the requirements for fire extinguishers shipped by motor vehicle in conformance with § 173.309 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).
Fire extinguishers charged with a limited quantity of compressed gas are excepted from labeling and the specification packaging requirements if the cylinder is packaged and offered for transportation in accordance with § 173.309(a) through § 173.309(a)(3)(iv). One of those conditions requires the fire extinguisher to be shipped as an inner packaging.
You asked several questions regarding the applicability of the limited quantity exception to unpackaged fire extinguishers and the selection of a proper shipping name for a fire extinguisher that does not meet the limited quantity provisions. We have paraphrased and answered these questions below:
Q1. Does the practice of placing many fire extinguishers into a large fiberboard carton, a cage or a rack meet the condition of § 173.309(a) that requires fire extinguishers to be shipped as an inner packaging?
A1. The answer is yes. In the examples described above, the fire extinguisher is the inner packaging and the cage, rack or large fiberboard carton is the outer packaging. The outer packaging must be marked accordingly if intended for transportation.
Q2. Does strapping fire extinguishers into a vehicle meet the condition of § 173.309(a) that fire extinguishers be shipped as an inner packaging?
A2. No, however a person may transport by motor vehicle, fire extinguishers that are secured against shifting and protected against damage without an outer packaging in conformance the provisions § 173.6 provided the fire extinguishers meet the definition of material of trade in § 171.8.
Q3. If a fire extinguisher is not shipped as an inner package of a combination package, and the aggregate gross weight limit for the materials of trade exception is exceeded, how should these fire extinguishers be marked?
A3. Fire extinguishers that exceed the aggregate gross weight limits authorized by the materials of trade exception must be marked with the proper shipping name "Fire extinguishers" and the identification number "UN1044" and each cylinder must display the Division 2.2 label.
I hope this information is helpful. If you have further questions, please contact this office.
Sincerely,
Charles E. Betts
Director
Standards and Rulemaking Division
cc: Norb Makowka, National Association of Fire Equipment Distributors
173.309, 173.6
cc: Norb Makowka, National Association of Fire Equipment Distributors
173.309, 173.6
Regulation Sections
| Section | Subject |
|---|---|
| 173.309 | Fire extinguishers |
| 173.6 | Materials of trade exceptions |