Marv Golden Pilot Supplies — Hazardous Materials Safety Interpretation

Page 1U.S. Department 1200 New Jersey Avenue SE of Transportation Washington. DC 20590 Pipeline and Hazardous Materials Safety Administration JUN 2 12011 Mr. Richard Golden Marv Golden Pilot Supplies 8690 Aero Drive, Suite 102 San Diego, CA 92123 Ref. No.: 11-0111 Dear Mr. Golden: This responds to your May 9, 2011 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the shipment oflifesaving appliances. In your letter, you state that your company would like to ship twenty pounds or less of "UN2990, Life-saving appliances, self inflating, 9" by ground transportation. You indicate that these materials do not contain any hazardous materials, other than the small carbon dioxide cylinders that are required as part of the life-saving appliance. You specifically ask whether your materials, as described above, are eligible to utilize the exception provided § 173.219(c)(5). Section 173.219( c)(5) specifies that, for other than transportation by aircraft, life saving appliances containing no hazardous materials other than carbon dioxide cylinders with a capacity not exceeding 100 cm3 are not subject to the provisions of the HMRprovided they are overpacked in rigid outer packagings with a maximum gross mass of 40 kg. Therefore, provided your shipment meets all the requirements in § 173.219(c)(5), it would be eligible to utilize this exception. I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, ~~~~ T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2Dra~eford, Carol From: INFOCNTR (PHMSA) Sent: Thursday, May 12, 2011 12:48 PM To: Drakeford, Carolyn (PHMSA) Subject: FW: Hazmat Information Center Feedback: Shippers-General Requirements for Shipments and Packagings (Sections 173.1 – 173.476) Hi Carolyn, We received the attached letter at the HMIC. The caller previously spoke with Adam Lucas. Thanks, Victoria Victoria Lehman Hazmat Information Center (HMIC) http://phmsa.dot.gov/hazmat/info-center (202) 366-1035 -----Original Message----From: PHMSA-Feedback [mailto:PHMSA-Feedback] Sent: Monday, May 09, 2011 4:17 PM To: PHMSA HM InfoCenter; PHMSA Webmaster Subject: Hazmat Information Center Feedback: Shippers-General Requirements for Shipments and Packagings (Sections 173.1 – 173.476) . I would like to receive a ruling on shipping small quantities under 20 pounds of Inflatable Life Vests via Ground Shipping in the domestic U.S. These technically come under the following classification because they have small C02 cartridges: Lifesaving Appliances - Self Inflating UN2990 Class 9 The manufacturer has informed me that via Ground there is no special shipping or HAZMAT requirement at all and they ship these all the time. If they ship via air or in large quantities, it requires HAZMAT handling. I spoke to a person at the USDOT who cited 49CFR 173.219, specifically c5 and stated that «if the C02 cylinders themselves are less than 100cm cubed each, and have a rigid outer packaging, with gross mass under 40 kilograms, this would be not be considered Hazmat." Yet another person at the DOT stated that I would have to have some special shipping papers in the box, but did not indicate what those papers would need to state. Please advise as to my requirements in these matters. Thank you very much. Richa:rd Golden Marv Golden Pilot Supplies 8690 Aero Drive, Suite 102 San Diego, CA 92123 rick@marvgolden.com 800-348-0014 Name: Richard Golden Organization: Marv Golden Pilot Supplies 1#

Page 3Email: rick@marvgolden.com Address: 8690 Aero Drive, Suite 102 City: San Diego Zip Code: 92123 Phone: 800-348-0014 2#