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Interpretation Response #17-0098

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

Interpretation Response Details

Response Publish Date:

Company Name: KWS Training, Inc.

Individual Name: Mr. Ken Summer

Location State: NC Country: US

View the Interpretation Document

Response text:

 
November 30, 2017
 
 
Ken Sumner
President
KWS Training, Inc.
P.O. Box 1381
Hillsborough, NC  27278
 
Reference No. 17-0098
 
Dear Mr. Sumner:
 
This letter is in response to your September 11, 2017, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the limited quantity exception for aerosols.  You describe a scenario in which pressurized metal canisters are filled with purified butane gas and used to refill small handheld tools.  The butane is stored in the canister as a liquefied gas but is expelled in liquid form.  You ask whether this can be considered an aerosol and be shipped under the exception in § 173.306(a)(3).
 
The answer is no.  In accordance with § 171.8, an aerosol is defined as an article consisting of any non-refillable receptacle containing a gas compressed, liquefied or dissolved under pressure, the sole purpose of which is to expel a nonpoisonous (other than a Division 6.1 Packing Group III material) liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.  A liquefied compressed gas packaged without a liquid, paste, or powder in the container does not meet the definition of an aerosol and, therefore, is not eligible for the exception.
 
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)(3), 171.8
 

Regulation Sections

Section Subject
171.8 Definitions and abbreviations
173.306 Limited quantities of compressed gases