Interpretation Response #17-0021 ([Phase Four, Inc.] [Mr. Daniel Nash])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Phase Four, Inc.
Individual Name: Mr. Daniel Nash
Location State: CA Country: US
View the Interpretation Document
Response text:
June 29, 2017
Mr. Daniel Nash
Phase Four, Inc.
133 Center Street
El Segundo, CA 90245
Reference No. 17-0021
Dear Mr. Nash:
This letter is in response to your February 17, 2017, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to limited quantities of compressed gases. Specifically, you ask about the definition of a "container" as it applies to the exception from labeling and specification packagings as outlined in § 173.306(a)(1).
You state that you are shipping a compressed gas (UN2036, Xenon, compressed, 2.2) in what you describe as a pressurized system that is comprised of multiple pressurized vessels that are not isolated from each other, but collectively have a capacity less than 4 fluid ounces. You note that while in transportation the pressure vessels that contain the hazardous material and the manifold will be pressurized as a single volume (i.e., with no shut-off valve between the individual pressure vessels). You ask for confirmation of your understanding that the pressurized system can be considered a "container" for the purposes of § 173.306(a)(1) and thus excepted from labeling and specification packaging.
Your understanding is correct. The HMR do not specifically define the word "container." However, a standard dictionary defines it as, "one that contains [,] such as a receptacle (as a box or a jar) holding goods." "Container" as it is used in § 173.306(a)(1) includes all container types (except cigarette lighters), such as the pressurized system you describe, that comply with the requirements in § 173.306. Because the combined capacity of the two vessels in your system (i.e., the "container") is below the 4-fluid ounce capacity limitation outlined § 173.306(a)(1), you may use the limited quantity exception for compressed gases. Note that if the package is shipped by air, the exceptions from packaging and labeling do not apply.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division
173.306(a)(1), 173.306