{"operation":"document","citation":"12-0075","title":"Broward Fire Equipment and Service Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-03-09","effective_on":null,"summary":"12-0075 response to Broward Fire Equipment and Service Inc. concerning 173.309, 173.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0075.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0075.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0075","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120075.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department Ni1shlnglon. DC' 20590\n1200 New Jersev Avenue SE\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMAR 0 9 2012\nJohn A. Gioseffi\nPresident\nBroward Fire Equipment and Service (nc.\n1 0 1 SW 6th Street\nFort Lauderdale, FL 33301\nRet: No. 12-0075\nDear Mr. Gioseffi:\nThis is in response to your email and conversation with a member ofPHMSA's field operations\nstaff concerning the requirements tor fire extinguishers shipped by motor vehicle in contormance\nwith § 173.309 ofthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nFire extinguishers charged with a limited quantity ofcompressed gas are excepted from labeling\nand the specification packaging requirements ifthe cylinder is packaged and offered for\ntransportation in accordance with § 173.309(a) through § 173.309(a)(3)(iv). One of those\nconditions requires the fire extinguisher to be shipped as an inner packaging.\nYou asked several questions regarding the applicability of the limited quantity exception to\nunpack aged fire extinguishers and the selection ofa proper shipping name for a fire extinguisher\nthat does not meet the limited quantity provisions. We have paraphrased and answered these\nquestions below:\nQ 1. Does the practice of placing many fire extinguishers into a large fiberboard carton, a cage or\na rack meet the condition of § t 73.309(a) that requires fire extinguishers to be shipped as an\ninner packaging?\nA 1. The answer is yes. In the examples described above, the fire extinguisher is the inner\npackaging and the cage, rack or large tiberboard carton is the outer packaging. The outer'\npackaging must be marked accordingly if intended for transportation.\nQ2. Does strapping fire extinguishers into a vehicle meet the condition of § I 73.309(a) that fire\nextinguishers be shipped as an inner packaging?\nA2. No, however a person may transport by motor vehicle, fire extinguishers that are secured\nagainst shifting and protected against damage without an outer packaging in conformance the\n\n<<<PAGE 2>>>\n\nprovisions § 173.6 provided the fire extinguishers meet the definition of material oftrade in §\n171.8. .\nQ3. Ifa fire extinguisher is not shipped as an inner package of a combination package, and the\naggregate gross weight limit for the materials of trade exception is exceeded, how should these\nfire extinguishers be marked?\nA3. Fire extinguishers that exceed the aggregate gross weight limits authorized by the materials\nof trade exception must be marked with the proper shipping name \"Fire extinguishers\" and the\nidentitication number II UN 1 044\" and each cylinder must display the Division 2.2 label.\nI hope this information is helpful. If you have further questions, please contact this office.\nSincerely,\n~~~~\nr~~ar1es E. Betts\n~ctor\nStandards and Rulemaking Division\ncc: Norb Makowka, National Association ofFire Equipment Distributors\n\n<<<PAGE 3>>>\n\nL~Ctrq\nHere is Norb's email address NorbM@nafed.org.\n~ 113.jo'f.\nThanks for your assistance with this. ~i tf'e.. f::,)(.+-,\" Y\\~ Lt rsher;\nRob I Z. - 0016\nFrom: John Giosefft [mailto:jgioseffi@browardfire.com]\nSent: Thursday, March 01, 2012 2:07 PM\nTo: 'Norb Makowka'\nCc: Streck, Stuart (PHMSA); DiGiacomandrea, Robert (PHMSA)\nSubject: DOT News\nTo: Norb Makowka\nExecutive Director - T echnicaJ\nNational Association of Fire Equipment Distributors (NAFEO)\n122 South Michigan Ave., Suite 1040\nChicago,lL 60603\n(312) 461-9600\nNorb,\nThis past weekend, FFEDA hosted a training seminar in Ocala where we were fortunate to have two representatives from\nthe U.S. Department of Transportation conduct a very interesting and informative presentation. They were Stu Streck,\nHAZMAT Safety Assistance Team, and Robert (Rob) Oigiacomandrea, Investigator. Both are out of the Southem Region\nField Operations Office, located in Atlanta.\nI can not adequately reflect how informative the presentation was. Both DOT representatives were very professional and\nresponsive to our questions and concems. They told the fire equipment distributors in attendance that some of the most\ncommon violations of 49 CFR that they see in the field during fire equipment facility inspections are using the correct\nhydrotest label format (NAFED has the solution to that problem) and fire extinguishers labeled as UN1066 \"Nitrogen\"\ninstead of UN1044 \"Fire Extinguisher.\" We requested whatever documentation they could share with the industry and Stu\nStreck followed-up with me earlier today to let me know that they currently have only an internal memorandum and that\nthey are working on a document for general distribution that clarifies the UN1044 issue.\nStu Streck also informed me of a multi-modal seminar they have scheduled for the Atlanta area on June 19 - 20, where\nthey are going to use part (second half) of the same information they presented for FFEOA in Ocala. I'm sure it will\ninclude information critical for NAFED members. I have cc'd both Stu Streck and Robert Digiacomandrea on this email so\nyou have their email addresses. The phone for Stu Streck in the Atlanta DOT office is (404) 832-1145. I'm sure they\nwould welcome and encourage NAFEO's attendance at their seminar.\nLet me know if I can be of any assistance in \"getting the word out.\"\nJohn\nJohn A. Gioseffl\nPresident\nBroward Fire Equipment and Service Inc.\n101 SW 6th Street\nFort Lauderdale, FL 33301\nPhone: (954) 467-6625\nFax: (954) 467-6640\n2","truncated":false,"body_characters":5387}