{"operation":"document","citation":"08-0218R","title":"First Alert BRK Brands, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-08-11","effective_on":null,"summary":"08-0218R response to First Alert BRK Brands, Inc. concerning 173.309.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0218r.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0218r.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0218r","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2008/080218R.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous Materials\nSafety Administration Mr. Brian J. Strasma\nFirst Alert BRK Brands, Inc.\n3901 Liberty Street Road\nAurora, IL 60504-8122\n1200 New Jersey Ave., SE\nWashington, DC 20590\nAUG 1 1 2099\nRef. No. 08-0218R\nDear Mr. Strasma:\nThis letter supersedes our October 23, 2008 response to your August 14,2008 letter and\nfollow-up telephone discussions in which you requested clarification of the exceptions for\nnon-specification cylinder fire extinguishers shipped by motor vehicle in conformance with\n3 173.309(a) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You\nalso requested clarification of the marking requirements for different packaging\nconfigurations of these fire extinguishers. This letter contains additional clarifying\ninformation including reference to the non-bulk quantity limitation for packaging used for fire\nextinguishers.\nYour letter described two packaging configurations in which fire extinguishers are packaged\nin 4-color consumer packaging and placed in a master carton or placed in a larger cardboard\nbox display pallet. The consumer packaging may contain one or two fire extinguishers (e.g., a\n\"2-pack\") depending on the product. You also provided us with pictures illustrating the two\npackaging configurations and the various stages of consolidation for the configurations. The\ndescriptions and pictures of the two packaging configurations are summarized as follows:\nConfiguration 1: Each fire extinguisher is placed individually in a consumer\npackaging, with several packagings consolidated into trays that are stretch-wrapped,\nand these tray units are placed in a large corrugated box that is stretch-wrapped to a\npallet (i.e., the display pallet). The consumer packaging is not marked except that the\nproper shipping name \"Fire extiiiguisher\" is printed oil the packaging as part of the\nproduct information. The display pallet is marked \"Fire extinguishers, 2.2, UN1044,\nLimited Quantity.\" No Division 2.2 nonflammable gas labels are applied.\nConfiauration 2: Each fire extinguisher is placed individually in a consumer\npackaging, and 2-6 of these consumer packages are place in a master carton. The\nmaster cartons may be shipped individually or stretch-wrapped to a pallet. The\nconsumer packaging is not marked except that the proper shipping name \"Fire\nextinguisher\" is printed on the packaging as part of the product information. Each\nmaster carton is marked \"Fire extinguisliers, Limited Quantity, UN1044.\" No\nDivision 2.2 nonflammable gas labels are applied.\n\n<<<PAGE 2>>>\n\nYour understanding of the exceptions provided in 173.309(a) is correct. For transportation\nby highway, non-specification cylinders used as fire extinguishers and designed,\nmanufactured, and filled with limited quantities of compressed gas in conformance with\n5 173.309(a) are not subject to the labeling or placarding requirements of the HMR. Your\nunderstanding of the hazardous materials endorsement requirements for a commercial driver's\nlicense (CDL) is also correct. Because the shipment of fire extinguishers is not subject to\nplacarding requirements, a hazardous material endorsement is not required. Please consult the\nFederal Motor Carrier Safety Regulations (49 CFR Parts 300-399) for more detailed\ninformation on CDL requirements.\nSection 173.309(a) specifies that each fire extinguisher must be shipped as an inner\npackaging. The outside packaging must be marked in conformance with 5 172.301. You\nindicate in a telephone conversation that it is company policy to protect the appearance of the\nconsumer packagings by shipping them in either the master carton or the display pallet. It is\nthe opinion of this Office that you may consider the consumer packaging as the outer\npackaging and the master carton or display pallet as an overpack.\nWith regards to the marking requirements prescribed in Subpart D of Part 172, the packagings\nare appropriately marked. The proper shipping name \"Fire extinguisher\" is prominently\ndisplayed on the outer consumer packagings. For limited quantities, the identification number\n\"UN1044\" is not required to be marked on the outer packaging as provided in 5 172.301(a).\nThe overpack (master carton) is appropriately marked with the proper shipping name in\naccordance with 5 173.25. The overpack is not required to be marked \"limited quantity\" or\nwith the hazard class division number, although the use of these markings is not precluded.\nAlso, note that if you believe the consumer packaging is not sufficient to meet the general\npackaging requirements prescribed in 5 173.24, then for purposes of compliance with\n!j 173.309(a), the consumer packaging may be considered an intermediate packaging and the\ndisplay pallet (Configuration 1) or master carton (Configuration 2) may be considered the\nouter packaging. However, under this scenario, the display pallet in Configuration 1 would be\nlimited to a non-bulk packaging, which is restricted to having a net mass of 400 kg (882\npounds) or less and a maximum capacity of 450 L or less as a receptacle for a solid. See\ndefinitions of \"non-bulk packaging\" and \"outer packaging\" in $ 171.8.\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely,\nSusan Gorsky\nRegulations Officer\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\n~ e r Kiodevch\n3 113 d304\nr e ~ d - i a y k l s h e u\n0%- 4 2-14\nBRK Brands, Inc. 3901 Liberty Street Rd. Aurora Illinois 60504-8122\nTel: 630.851.7330 Far: 630.851.8205\nAugust 14,2008\nMr. Edward T. Mazzullo\nDirector of Hazardous Materials Standards\nU.S. DOTIPHMSA (PHH- 10)\n1200 New Jersey Avenue, SE East Building, 2\"d floor\nWashington, DC 20590\nReference: Request for Interpretation of 49 CFR fj 173.309 Fire Extinguishers\nDear Mr. Mazzullo:\nBEK Brands, Inc. (\"BRK\") designs, manufactures, packages and distributes fire extinguishers\nthat meet each of the conditions in 49 CFR 8 173.309. Under this provision, such fire\nextinguishers,\n\"are excepted from labeling (except when offered for transportation by air) ... In addition,\nshipments are not subject to subpart F ofpart 172 of this subchapter, to part 174 of this\nsubchapter except Sec. 1 74.24 or to part 177 of this subchapter except Sec. 177.8 17.\"\nDespite the language contained in 49 CFR 5 173.309 BEK has been requested to provide\nlabeling, placarding and CDL drivers with hazmat endbrsements. In addition BRK has been told\nby a third party that it is required to m&k the proper Shipping name and \"limited quantity\"\nexception on each inner packaging as well as on the external shipping packaging. This appears\nto be contrary to the requirements of 49 CFR 5 172.301.\nBRK's fire extinguishers are packaged in 4-color inner packaging (as defined in 49 CFR 5 17 1.8)\nand shipped in master cartons of 2 -6 units each or larger displayer pallets. The master cartons\nand displayer pallets are marked as re4uired by 49 CFR $ 172.301 with the proper shipping\nname, \"Fire extinguishers, UN1044, Limited ~ u a n t i t ~ . \" Division 2.2 non-flammable gas labels\nare not applied.\nWe are requesting confirmation of our interpretation of the following issues:\nFire extinguishers that comply with 173.309 are excepted from labeling requirements in Part\n172;\nFire extinguishers that comply with 173.309 are not subject to subpart F of part 172 and\ntherefore do not require placards, and;\n\n<<<PAGE 4>>>\n\nSince fire extinguishers compliant with 173.309 do not require placards, CLD drivers, are not\nrequired to have hazardous materials endorsements on their CDL drivers licenses\nProvided that the proper shipping name and the \"limited quantity\" exception is marked on the\nexternal master package or displayer pallet, it is not required to be also marked on each\n\"inner packaging.\"\nSincerely,\nBrian J. Strasma\nVice President, Finance and Operations","truncated":false,"body_characters":7856}