HAZMATEAM — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 FEB 0 8 2013 Mr. Paul Dambek Hazardous Materials Trainer and Consultant HAZMATEAM 12 Kimball Hill Rd. Hudson, NH 03051 Reference No.: 12-0211 Dear Mr. Dambek: This is in response to your September 21, 2012 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You ask several questions concerning shipments of a DOT Specification 4BA cylinder in non-specification strong outer fiberboard boxes. Your questions are paraphrased and answered below: Ql. When shipping a specification 4BA cylinder in a strong outer packaging (fiberboard box), please indicate which of the following package marking and labeling scenarios is, or are, correct: #1. Cylinder- No hazard communication labels or marks Box- 2.2label, UN 1044, FIRE EXTINGUISHERS, and OVERPACK markings #2. Cylinder- 2.2label, UN 1044 and FIRE EXTINGUISHERS markings Box- 2.2label, UN 1044 FIRE EXTINGUISHERS, and OVERPACK markings #3. Cylinder- No hazard communication labels or marks Box- 2.2 label, UN 1044, FIRE EXTINGUISHERS markings #4. Cylinder- No hazard communication labels or marks Box- 2.2label (Air Transport Only), and Limited Quantity Marking described in § 172.315 A 1. The labeling and marking configuration in #2 above would be correct if the box was marked with an indication that the inner packagings conform to the prescribed specifications instead ofthe "OVERPACK" marking. Please note HM 215-K [Docket No. PHMSA- 2009-0126 (HM-215K)] 78 FR 1116 clarified the requirements for limited quantity shipments of fire extinguishers. Q2. When describing the cylinder in a box on a shipping paper, to comply with the requirement in§ 172.202(a)(7) to indicate the number and type of package; which ofthe following packaging descriptions is, or are correct; cylinder, carton, or box. A2. It is the opinion of this office that either box, or carton are the most appropriate descriptions ofthe number and kind of packages for describing cylinder shipped as inner#

Page 2packages of fiberboard boxes. The definition of a package in § 171.8 is a packaging plus its contents. The use of a term like cylinder to comply with the requirements in § 172.202(a)(7) would indicate cylinders shipped without outer packaging. As several fire extinguishers may be shipped in one outer package, the use of the term cylinder and a corresponding number of cylinders offered for transport to comply with the requirements in § 172.202(a)(7) is not recommended. Q3. May a 4BA cylinder ever be shipped by itself, without an outer packaging? A3. No. The general requirements in§ 173.30l(a)(9) require 4BA cylinders to be packed in strong non-bulk outer packagings. Q4. Section 173.301(a)(9) states that cylinders must be placed in an outer packaging and marked "inner packages conform to prescribed specifications". Is the use of the word "OVERPACK" allowed and equivalent to "inner packages conform to prescribed specifications"? A4. No. The outer fiberboard box you mention in your letter is considered an outer package when transporting your 4BA cylinder and not an overpack. The package must be marked with a specific indication that the inner packagings conform to the prescribed specifications in accordance with§ 173.301(a)(9). I trust this satisfies your inquiry. Please contact us ifwe can be of further assistance. Sincerely, ~il~· Senior Regulatory Advisor Standards and Rulemaking Division#

Page 3HAZMATEAM 'tAle ~b ~ {13· 301 ~ 17A-./ Ol t:"iv-G f,)(·l-i':j ui sher.s lA. .. O:L-.11 ~\ 12 Kimball Hill Road Hudson, NH 03051-3915 Telephone: (603) 882-1112 Fax: (603) 882-6512 Web site: September 21, 2012 Mr. Charles Betts Office of Hazardous Materials Standards Pipeline and Hazardous Materials Safety Administration Attn: PHH-10 U.S. Department of Transportation 1200 New Jersey Avenue, SE. East Building, 2nd Floor Washington, DC 20590-0001 Dear Mr. Betts: I am requesting a letter of interpretation on shipping a DOT Specification 4BA cylinder in a non- specification strong outer fibreboard box. Please consider the following package: Proper Shipping Name: UN 1044, Fire Extinguisher, 2.2. classified. The requirements of 49 CFR 172.102, SP 18 have been met. This materially is properly Cylinder: Specification DOT 4BA cylinder, charged with 176 psig. Cylinder meets the applicable requirements of 49 CFR 178.51 Questions: 1) When shipping the specification 4BA cylinder in a strong outer packaging (fibreboard box), please indicate which of the following package mark and labels scenarios is (are) correct: Scenario #1 Cylinder: No DOT hazard marks or labels; Box: 2.2 label; "UN 1044, FIRE EXTINGUISHERS, OVERPACK"#

Page 4Scenario #2 Cylinder: 2.21abel; "UN 1044, FIRE EXTINGUISHERS" Box: 2.21abel; "UN 1044, FIRE EXTINGUISHERS, OVERPACK" Scenario #3 Cylinder: No DOT hazard marks or labels; Box: 2.2 label; "UN 1044, FIRE EXTINGUISHERS" Scenario #4 Cylinder: No DOT hazard marks or labels; Box: 2.2 label (AIR ONLY); Limited Quantity Marking described in 172.315. 2) When describing the cylinder in a box on the shipping paper, to meet the requirements of 49 CFR 172.202 (a)(?), which of the following packaging description is (are) are correct: "Cylinder'', "Carton" or "Box"? 3) May the 4BA cylinder ever be shipped by itself, without an outer packaging? 49 CFR 173.301 (a)(9) states that the cylinder must be placed in an outer packaging. However, 49 CFR 173.309 (b) does not reference 49 CFR 173.301. 4) 173.301 (a)(9) states that the cylinder must be placed in an outer packaging and marked "inner packages conform to prescribed specifications" Is the use of the word "overpack" allowed and equivalent to "inner packages conform to prescribed specifications" If you have questions, do not hesitate to send e-mail to 8395. Your assistance is greatly appreciated. Sincerely, Paul Dambek, CET Hazardous Materials Trainer and Consultant#