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Interpretation Response #24-0069

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

Interpretation Response Details

Response Publish Date:

Company Name: The Sterno Group

Individual Name: Jarrod Kuhn

Location State: TX Country: US

View the Interpretation Document

Response text:

October 9, 2024

Jarrod Kuhn, CPSP, JD
Senior Director of Compliance
The Sterno Group
6900 Dallas Parkway, Suite 870
Plano, TX  75024

Reference No. 24-0069

Dear Mr. Kuhn:

This letter is in response to your August 5, 2024, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to limited quantities of compressed gases and how it relates to aerosols. You describe a fuel canister—filled with butane (UN2037)—that is used with a portable butane stove, in which the gas is dispersed from the container into the ignition system of the stove. You state that the canister is a non-refillable container (DOT-2P) with a fill volume of 8 fluid ounces, and that it is equipped with a pressure relief system.

We have paraphrased and answered your questions as follows:

Q1. You ask whether the container meets the definition of an aerosol in § 171.8.

A1. 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 to expel does not meet the definition of an aerosol.

Q2. If the container meets the definition of an aerosol and considering all other information provided, you ask whether the container would meet the requirements to transport as a limited quantity according to § 173.306(a)(3).

A2. The answer is no. See answer A1.

Q3. You ask whether the packaging you describe meets any other exceptions under § 173.306 to be transported as a limited quantity of compressed gas.

A3. The answer is no. Section 173.306(a)(1) provides general limited quantity exception and is not restricted to only aerosols; however, as packaged according to your description, the fuel canister exceeds the four fluid ounce capacity limitation found in § 173.306(a)(1). All other limited quantity provisions in § 173.306 are restricted to specific materials and articles (e.g., food stuffs, refrigerating machines, accumulators, etc.), none of which are applicable to the container and its contents as you describe.

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

171.8, 173.306(a)(3)

Regulation Sections