Interpretation Response #22-0001

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

Interpretation Response Details

Response Publish Date: 05/18/2022

Company Name: ShipMate, Inc.

Individual Name: Steven Charles Hunt

Location State: OR Country: US

View the Interpretation Document

Response text:

May 18, 2022

Steven Charles Hunt
President
ShipMate, Inc.
P.O. Box 787
Sisters, OR  97759

Reference No. 22-0001

Dear Mr. Hunt:

This letter is in response to your January 6, 2022, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the shipping requirements for a life-saving appliance (e.g., a self-inflating life vest). You seek confirmation that a small gas cartridge (i.e., a gas cylinder) that is not threaded or attached to a self-inflating life vest can be shipped in the pocket of the life vest.

We have paraphrased and answered your questions as follows:

Q1. You ask whether a small gas cylinder that—having a capacity less than 120 mL—is packed in the pocket of a self-inflating life vest and is not threaded or attached to the self-inflating life vest, would meet the requirements outlined in § 173.219.

A1. There is no prohibition in § 173.219 from packing an uninstalled gas cylinder—i.e., not attached but necessary for activating the appliance—in the pocket of a self-inflating life vest, provided the self-inflating life vest is packaged in accordance with § 173.219.

Q2. You ask whether packing a small gas cylinder—having a capacity less than 120 mL—in the pocket of a self-inflating life vest would make the life-saving appliance eligible for exception from the provisions of the HMR, in accordance with § 173.219(c)(5).

A2. The answer is yes. In accordance with § 173.219(c)(5), the gas cylinder must contain a Division 2.2 compressed or liquefied gas with no subsidiary risk, not exceed 120 mL capacity, and be installed solely for the purpose of activating the appliance. Our intent is not to limit the gas cylinder to be installed (i.e., attached) to a self-inflating life vest in packaged form, but rather have a gas cylinder, on its own, necessary for the activation of the appliance to also be packed in the pocket, which would meet the conditions outlined in § 173.219(c)(5) for exception from the HMR. Please note, a person must adhere to the air transportation restrictions at the end of paragraph (c)(5).

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

173.219, 173.219(c)(5)

Regulation Sections