Interpretation Response #13-0240 ([West Marine Products, Inc.] [Mr. Jon Stuart])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: West Marine Products, Inc.
Individual Name: Mr. Jon Stuart
Location State: CA Country: US
View the Interpretation Document
Response text:
April 4, 2014
Mr. Jon Stuart
West Marine Products, Inc.
500 Westridge Drive
Watsonville, California
Ref. No. 13-0240
Dear Mr. Stuart:
This is in response to your December 11, 2013 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR 171-180) applicable to personal flotation devices (PFDs). In your letter, you state that these PFDs are manually or automatically inflated using a small cylinder of carbon dioxide. These cylinders vary between 30ml and 50 ml in water volume, and have a carbon dioxide weight between 25 and 28 grams per cylinder. You further state these PFDs, equipped with these cylinders, are shipped in a small plastic sleeve attached to the PFD. You ask whether you can utilize the exception for life saving appliances provided in §§ 173.219(a) and 173.219(c)(5) for the PFDs described in your letter.
The PFD you describe in your letter containing a compressed carbon dioxide cylinder could be shipped under § 173.219 provided the appliances are packed in such a way that they cannot be accidently activated. Section 173.219(c)(5) specifies that, Life-saving appliances containing no hazardous materials other than cylinders of Division 2.2 compressed or liquefied gases with no subsidiary risk, with a capacity not exceeding 120 mL, installed solely for the purpose of activating the appliance, are not subject to the provisions of this subchapter provided they are overpacked in rigid outer packagings with a maximum gross mass of 40 kg. For transportation by aircraft, such appliances must be transported as cargo and may not be carried onboard an aircraft by passengers or crewmembers in carry-on baggage, checked baggage, or on their person unless specifically excepted by §175.10. Therefore, provided your shipment meets all the requirements in § 173.219(c)(5), it would be eligible to utilize this exception.
I trust this information is helpful. Please contact us if you require further assistance.
Sincerely,
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
173.219
Regulation Sections
| Section | Subject |
|---|---|
| 173.219 | Life-saving appliances |