{"operation":"document","citation":"11-0196","title":"Integrated Support Services — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-11-21","effective_on":null,"summary":"11-0196 response to Integrated Support Services concerning 172.200, 173.309.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0196.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0196.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0196","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110196.pdf","body":"<<<PAGE 1>>>\n\nU.S. Departmenr 1200 New Jersey Avenue SE\nof Transportation Washington. DC 20590\nNOV 21 2011\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMr. Chuck Kimball\nDirector of Engineering\nIntegrated Support Services\n9700 Research Drive\nCharlotte, NC 28262\nRef. No. 11-0196\nDear Mr. Kimball:\nThis is in response to your e-mail asking w~ether a hazardous article described as \"Fire\nextinguisher, 2.2, UN 1044\" conforming to 49 CFR § 173.309( a) of the Hazardous\nMaterials Regulations (HMR; 49 CFR PartsI171-180) meets the definition of limited\nquantity in § 171.8. Your questions are paraphrased and answered as follows:\nQI. Can a hazardous article described in !accordance with the § 172.101 Hazardous\nMaterial Table as \"Fire extinguisheri 2.2, UNl044!1 be considered a limited quantity\nI\nunder theHMR? i\nAI. Yes. The requirements for fire extinbishers are found in § 173.309 of the HMR.\nIn order to qualify under the limited quantity provisions, a fire extinguisher must\nfull y meet the limited quantity requirements contained in § 173 .309( a) through\n• 173.309(a)(3)(iv). If the container is! packaged and offered for transportation in\naccordance with § 173.309(a) through 173.309(a)(3)(iv), the limited quantity\nprovisions apply. . i •\nI\nQ2. Assuming the answer to Q1 is yes, ifIa fire extinguisher is packaged and offered for\ntransportation under the limited quantity provisions in § 173.309 (a), is a shipping\npaper required? We note that§ 172,:fOO(b)(3) excepts limited quantity packages\nfrom shipping papers for transportation by highway or rail.\nA2. Yes. The shipping paper requiremen~s specified in § 173.309(a) take precedence\nover the shipping paper exception fo~ limited quantity packages in § 172.200(b )(3).\nI trust this satisfies your inquiry. Please con~act us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nS+-evet1s\n~ 17!j.30Q\nk. t-i'n is ~er.5\nDrakeford, Carol From: Winter, Lisa (PHMSA)\nSent: Wednesday, Al1gust 17, 201112:19 PM\nTo: Drakeford, Carolyn (PHMSA)\nSubject: FW: Formal interpretation request for 173.309\nFrom: Chuck Kimball [mailto:CKimball@BHCISS.com]\nSent: Wednesday, August 17, 201110:48 AM\nTo: Winter, Lisa (PHMSA)\nSubject: Formal interpretation request for 173.309\nGood morning Ms. O'Donnell,\nReferencing our conversations regarding whether fire extinguishers meeting the requirements of 173.309(a) could be\nshipped as \"limited quantity\" and marked per section 172.315(a), and, shipped without shipping papers per\n172.200(b)(3), your response was that fire extinguishers were not eligible for treatment as \"limited quantity\". Since our\nlast conversation, it was brought to our attention that there is an existing interpretation, 02-0149, which contains these\ntwo questions and answers:\nQ. Can a hazardous material classified in accordance with § 172.101 Hazardous Material Table as \"Fire extinguisher, 2.2, UNlO44\" be\nconsidered a limited quantity under the HMR and therefore excepted from the emergency response telephone number requirement under §\n172.604?\nA. The requirements for shipping fire extinguishers are found in § 173.309(a). In order to qualify under the limited quantity provision, a fire\nextinguisher must fully meet the limited quantity requirements contained in § 173.309(a) through 173.309(a)(3)(iv). If the container is\npackaged and offered for transportation in accordance with § 173.309 Ca) through 173.309(a)(3)(iv) the limited quantity provision applies,\nand the package is excepted from the emergency response telephone number requirement in § 172.604.\nQ. If a fire extinguisher is packaged and offered for transportation under the limited quantity provision in § 173.309 (a) must the description\non the shipping paper include the words \"Limited Quantity\" or \"Ltd Qty\" as specified in § 172.203(b)?\nA. Yes. Section 172.203(b) requires offerors of hazardous materials as limited quantities, including fire extinguishers, to include the words\n\"Limited Quantity\" or \"Ltd Qty\" following the basic description on the shipping paper.\nThe first question addresses limited quantity in relation to the emergency response telephone number requirement and\nnot the question of shipping papers. The second question is based upon the assumption that shipping papers are\nrequired, and addresses the inclusion ofthe words \"Limited Quantity\" or \"Ltd Qty\" on those shipping papers.\nAs we initially discussed, section 173.309 does not except fire extinguishers from the shipping paper requirements found\nin 174.24 and 177 .817 (for rail and highway, respectively). So regardless of whether fire extinguishers are eligible for\ntreatment as limited quantity, it seems that shipping papers are required. Since there appears to be some differing\ninterpretations on this topic, please consider this email as a request for a formal interpretation with the questions\nbelow.\n01. Are fire extinguishers which meet the requirements of 173.309(a) eligible to be shipped as \"limited quantity\"?\nQ2. Does the specific reference in 173.309(a) to the shipping paper requirements 174.24 and 177.817 take precedence\nover 172.200(b)(3) for shipments of fire extinguishers by highway or rail and therefore mean that shipping papers are\nrequired regardless of whether fire extinguishers are eligible to be shipped as \"limited quantity\"?\nThank you for your continuing help with this maUer. We look forward to your earliest response.\nRegards,\n1","truncated":false,"body_characters":5491}