Interpretation Response #12-0160 ([Donovan Marine, Inc.] [Mr. Keith Mauer])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Donovan Marine, Inc.
Individual Name: Mr. Keith Mauer
Location State: FL Country: US
View the Interpretation Document
Response text:
October 18, 2012
Mr. Keith Mauer
Donovan Marine, Inc.
6545 Trade Center Drive
Jacksonville, FL 32254
Reference No. 12-0160
Dear Mr. Mauer:
This is in response to your e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR 171-180) applicable to the transportation of "Fire extinguishers containing compressed or liquefied gas," UN1044. Your questions are paraphrased and answered as follows:
Q1. Is a hazardous article that is described in accordance with the § 172.101 Hazardous Material Table (HMT) as "Fire extinguisher, 2.2, UNl044" considered a limited quantity under the HMR when being transported by highway or rail?
A1. The answer is yes, provided the fire extinguisher meets the requirements in § 173.309(a) through (a)(3)(iv). The definition for "limited quantity" in § 171.8 states that "when specified as such in a section applicable to a particular material, means the maximum amount of a hazardous material for which there is a specific labeling or packaging exception." Therefore, a fire extinguisher that meets the limited quantity requirements in § 173.309(a) through (a)(3)(iv) meets the definition of limited quantity in § 171.8.
Q2. Are such limited quantity shipments permitted to be marked with the limited quantity marking in accordance with § 172.315(a)?
A2. For transportation by highway or rail, limited quantity shipments of fire extinguishers are permitted to be marked with the limited quantity marking in accordance with § 172.315(a).
Q3. Are limited quantity packages of fire extinguishers eligible for the exception to the shipping paper requirement provided in § 172.200(b)(3)? I refer to a corrections letter, Reference Number 11-0189R, dated April 2, 2012, which states that limited quantity packages of fire extinguishers are not excepted from shipping paper requirements and ask whether that letter is correct.
A3. Limited quantity packages of fire extinguishers are not eligible for the exception to the shipping paper requirement provided in § 172.200(b)(3). The letter, Reference Number 11-0189R is accurate and corrects a previous interpretation letter, which indicated that limited quantities of fire extinguishers are excepted from shipping paper requirements.
For transportation by rail and highway, limited quantities of fire extinguishers are not excepted from shipping paper requirements. See § 173.309(a), which states that "Shipments also are not subject to subpart F of part 172 of this subchapter [placarding], to part 174 of this subchapter except § 174.24 [shipping papers] or to part 177 of this subchapter except § 177.817 [shipping papers]. Section 174.24 contains the requirements for shipping papers for rail; § 177.817 contains the shipping paper requirements for highway. As stated in the corrections letter, Reference Number 11-0189R, 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 hope this information is helpful. Please contact this office should you have additional questions.
Sincerely,
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
173.309, 173.315, 171.8, 172.200