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Interpretation Response #13-0118 ([Mr. Ed Mazzullo])

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

Interpretation Response Details

Response Publish Date:

Company Name:

Individual Name: Mr. Ed Mazzullo

Location State: VA Country: US

View the Interpretation Document

Response text:

September 23, 2013

Mr. Ed Mazzullo
9584 Burnt Oak Drive
Fairfax Station, VA  22039

Ref. No.: 13-0118

Dear Mr. Mazzullo:

This is in response to your May 29, 2013 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to small cartridges used to inflate life-saving appliances, and fire extinguishers. Your questions are paraphrased and answered below.  

Q1.  You request confirmation of your understanding that a cylinder (receptacle, small, containing gas, UN 2037, division 2.2) containing carbon dioxide (CO2), with  no subsidiary risk is excepted from other requirements of the HMR if it has a capacity of not more than 50 ml (1.7 fluid oz.) and meets all requirements of § 173.306(j).  However, a similar cylinder that is part of a life-saving appliance, self-inflating  (UN 2990, class 9), would not be subject to other requirements of the HMR provided the capacity of the cylinder is not more than 120 ml and all requirements of § 173.219(c)(5) are met.  

A1.  Your understanding is correct.  For relief from the regulations in accordance with § 173.306(j), a receptacle, small containing division 2.2 gas cannot exceed 50 ml (1.7 fluid oz.).  A similar cylinder that is part of a life-saving appliance, self-inflating is afforded relief from the regulations in accordance with § 173.219(c)(5) if it has a capacity of not more than 120 ml.

Q2.  Are the provisions of §§ 173.306(j) and 173.219(c)(5) consistent with corresponding provisions of the International Civil Aviation Organization (ICAO) Technical Instructions and the International Maritime Dangerous Goods (IMDG) Code?   

A2.  Yes.  Section 173.306(j) is consistent with the ICAO Technical Instructions Special Provision A98 and IMDG Code Special Provision 191.  Section 173.219(c)(5) is consistent with the ICAO Technical Instructions Packing Instruction 955 and IMDG Code Special Provision 296.  Note that receptacles, small, containing gas (UN 2037) and life-saving appliances, self-inflating (UN 2990) may not be carried on an aircraft by passengers or crewmembers in carry-on or checked baggage, or on the person unless specifically excepted by HMR § 175.10 or the ICAO Technical Instructions 8;1.1.1.    

Q3.  For fire extinguishers (UN 1044, division 2.2) under the provisions of § 173.309 are all sizes of the cylinders authorized by paragraphs (a), (b) or (c) eligible for the limited quantity exceptions of § 173.309(d)?

A3.  Yes.  Provided the fire extinguisher conforms to all requirements of § 173.309(d).  For the specification cylinders authorized in § 173.309(a) and (b) all sizes authorized under part 178 for the authorized specification cylinder are eligible for the limited quantity exception. For non-specification cylinders authorized under § 173.309(c) the internal volume of each cylinder may not exceed 18 L (1,100 cubic inches).   

Q4.  Does § 173.309(d) authorize the shipment of fire extinguishers having a capacity greater than 120 ml as limited quantity?

A4.  Yes.  See A3.

Q5.  Do the UN Model Regulations and the IMDG Code authorize the shipment of fire extinguishers having a capacity greater than 120 ml as limited quantity?   

A5.  No.  In accordance with the UN Model Regulations and IMDG Code Dangerous Goods List, Column 7a, fire extinguishers having a capacity greater than 120 ml are not authorized for shipment as a limited quantity.

I hope this information is helpful.  If you have further questions, please do not hesitate to contact this office.

Sincerely,

Delmer Billings
Senior Regulatory Advisor
Standards and Rulemaking Division

173.309, 173.219

Regulation Sections

Section Subject
173.219 Life-saving appliances
173.306 Limited quantities of compressed gases