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Interpretation Response #16-0059


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

Interpretation Response Details

Response Publish Date: 08-19-2016
Company Name: Ningbo Zhengxin Fire Fighting Equipment Co., Ltd    Individual Name: Mr. Jacky Xie
Country: US

View the Interpretation Document


Response text:

August 19, 2016

Mr. Jacky Xie
Ningbo Zhengxin Fire Fighting
Equipment Co., Ltd.
1199 Hua Shan Road, Room 15B2
Waigaoqiao, Shanghai 200137
CHINA

Reference No. 16-0059

Dear Mr. Xie:

This letter is in response to an April 6, 2016, email from Mitchell Brown (Chief Investigator, Eastern Region, Field Services Support Division, PHMSA) in which he forwarded your inquiry and requested clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transport of "UN 1044, Fire extinguishers, 2.2 (non-flammable gas)" by motor vehicle in the United States. We have paraphrased and answered your questions as follows:

Q1. Must fire extinguishers in the United States be described as "UN 1044, Fire extinguishers, 2.2"?

A1. Only fire extinguishers that comply with the requirements prescribed in § 173.309 must be described as "UN 1044, Fire extinguishers containing compressed or liquefied gas, 2.2." A fire extinguisher that varies from these requirements must be described appropriately for the hazardous material(s) it contains. For example, § 173.309(a)(3) requires that UN 1044 fire extinguishers must contain 30 percent or less carbon dioxide by volume. Fire extinguishers that exceed this percentage may be described as "UN 1013, Carbon dioxide, 2.2," or may have different or additional description requirements authorized under a Department of Transportation Special Permit (DOT-SP).

Q2. What is the correct way to transport fire extinguishers in the United States by motor vehicle?

A2. Fire extinguishers authorized under § 173.309 must comply with that section's handling, packaging, operation, and test requirements before being offered for transportation in commerce. These requirements include relief from shipping papers, labels, and placards and from having to comply with the modal requirements in 49 CFR Parts 174 (rail) and 177 (highway). Section 173.309 fire extinguishers are also eligible for the exceptions in § 173.156. As previously stated, fire extinguishers that do not comply with § 173.309 but meet the definition of a hazardous material must comply with the HMR requirements applicable to the hazardous materials they contain. For example, these cylinders must be loaded, secured, and unloaded on a motor vehicle in conformance with 49 CFR Part 177 unless they meet the limited quantity exception. Please note that other Federal agency regulations may also apply.

Q3. Why aren't all fire extinguishers in the United States marked and labeled with a green NON-FLAMMABLE GAS (Division 2.2) compressed gas label prescribed in § 172.415? Is this label only required when a fire extinguisher is shipped by vessel?

A3. As previously stated, fire extinguishers that comply with § 173.309 are excepted from being labeled with a NON-FLAMMABLE GAS hazard warning label. Fire extinguishers that do not comply with § 173.309 must be marked and labeled as required under the HMR. For example, fire extinguishers required by the HMR to be placed in an outer packaging before being offered for transportation (such as a fiberboard box authorized under a DOT-SP) must be marked and labeled on the outer packaging in conformance with the HMR. Fire extinguishers that are permitted by the HMR to be placed in transportation without an outer packaging must themselves be marked and labeled as prescribed in 49 CFR Part 172, Subpart E (labeling).

Q4. Are there special regulations in the United States for delivering Division 2.2 fire extinguishers other than those assigned identification number "UN 1044"?

A4. As previously stated, the answer is yes. Division 2.2 fire extinguishers other than those assigned identification number "UN 1044" must be offered for transportation in commerce in conformance with the HMR for the hazardous materials they contain.

Q5. Are only those fire extinguishers manufactured in conformance with § 173.309 required to be classified as "Division 2.2" and assigned identification number "UN 1044"?

A5. The answer is no. Please see A4.

I hope this information is helpful. Please contact us if we can be of further assistance.

Sincerely,

 

T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standard and Rulemaking Division

173.309, 173.309(a)(3), 173.156, 172.415, 172


Regulation Sections

Section Subject
§ 172.415 NON-FLAMMABLE GAS label