{"operation":"document","citation":"13-0118","title":"Mr. Ed Mazzullo — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-09-23","effective_on":null,"summary":"13-0118 concerning 173.219, 173.306.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0118.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0118.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0118","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130118.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nSEP 2 3 2013\nMr. Ed Mazzullo\n9584 Burnt Oak Drive\nFairfax Station, VA 22039\nRef. No.: 13-0118\nDear Mr. Mazzullo:\nThis is in response to your May 29, 2013 email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to small cartridges used to\ninflate life-saving appliances, and fire extinguishers. Your questions are paraphrased and\nanswered below.\nQl. You request confirmation of your understanding that a cylinder (receptacle, small,\ncontaining gas, UN 2037, division 2.2) containing carbon dioxide (C02)_ with no subsidiary\nrisk is excepted from other requirements of the HMR if it has a capacity of not more than 50\nml (1. 7 f1uid oz.) and meets all requirements of§ 173.306(j). However, a similar cylinder that\nis part of a life-saving appliance, self-inflating (UN 2990, class 9), would not be subject to\nother requirements of the HMR provided the capacity of the cylinder is not more than 120 ml\nand all requirements of§ 173.219(c )(5) are met.\nA 1. Your understanding is correct. For relief from the regulations in accordance with\n§ 173.306(j), a receptacle, small containing division 2.2 gas cannot exceed 50 ml (1.7 f1uid\noz.). A similar cylinder that is part of a life-saving appliance, self-inflating is afforded relief\nfrom the regulations in accordance with § 173 .219( c)( 5) if it has a capacity of not more than\n120 mi.\nQ2. Are the provisions of§§ 173.306(j) and 173.219(c)(5) consistent with corresponding\nprovisions of the International Civil Aviation Organization (ICAO) Teclmical Instructions and\nthe International Maritime Dangerous Goods (IMDG) Code?\nA2. Yes. Section 173.306(j) is consistent with the ICAO Technical Instructions Special\nProvision A98 and IMDG Code Special Provision 191. Section 173 .219( c)( 5) is consistent\nwith the ICAO Technical Instructions Packing Instruction 955 and IMDG Code Special\nProvision 296. Note that receptacles, small, containing gas (UN 2037) and life-saving\nappliances, self-inflating (UN 2990) may not be carried on an aircraft by passengers or\ncrewmembers in carry-on or checked baggage, or on the person unless specifically excepted\nby HMR § 175.10 or the ICAO Technical Instructions 8; 1.1.1.\n···---------···--·-·-----··--·--·-----------\n\n<<<PAGE 2>>>\n\nQ3. For fire extinguishers (UN 1044, division 2.2) under the provisions of§ 173.309 are all\nsizes ofthe cylinders authorized by paragraphs (a), (b) or (c) eligible for the limited quantity\nexceptions of§ 173.309(d)?\nA3. Yes. Provided the fire extinguisher conforms to all requirements of§ 173.309(d). For\nthe specification cylinders authorized in§ 173.309(a) and (b) all sizes authorized under part\n178 for the authorized specification cylinder are eligible for the limited quantity exception.\nFor non-specification cylinders authorized under§ 173.309(c) the internal volume of each\ncylinder may not exceed 18 L (I, 100 cubic inches).\nQ4. Does§ 173.309(d) authorize the shipment of fire extinguishers having a capacity greater\nthan 120 ml as limited quantity?\nA4. Yes. See A3.\nQ5. Do the UN Model Regulations and the IMDG Code authorize the shipment of fire\nextinguishers having a capacity greater than 120 ml as limited quantity?\nAS. No. In accordance with the UN Model Regulations and IMDG Code Dangerous Goods\nList, Column 7a, fire extinguishers having a capacity greater than 120 ml are not authorized\nfor shipment as a limited quantity.\nI hope this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\n0LnJ~\nDelmer Billings\nSenior Regulatory Advisor\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nBabiC-h\n§113. 30f.a\n§ tl3. :2...19 ·\nhre E. x.+-irsul.s.h e.cs / ~ lrncler-s\nDear Info Center:\n13-0118\nI would appreciate clarification or confirmation of my understanding of certain provisions of the\nHMR and international standards related to small compressed gas cylinders and fire\nextinguishers, as follows:\n1. C02 cartridges used to inflate life-saving appliances\nIt's my understanding that a small cylinder containing carbon dioxide (C02), a Division 2.2 gas\nwith no subsidiary risk, is eligible for the exceptions provided in§ 173.3060) for Receptacles,\nsmall, containing gas, and, therefore, is excepted from regulation if it meets the quantity and\npressure limits and other restrictions specified in paragraph G). For a C02 cylinder, this section\nwould limit its capacity to no more than 50 mL (1.7 fluid oz.) and to a maximum pressure of\neither 970 kPa (141 psig) at 55°C (131 °F) or, for a cylinder transported in an outer packaging\nconforming to subpart B of Part 173, 2,000 kP A (290 psig) at 55°C (131 °F).\nIf this same cylinder is part of a self inflating life-saving appliance, the appropriate shipping\ndescription is Life-saving appliances, self inflating, 9, UN 2090; the provisions of§ 173.3060)\ndo not apply; and the device must conform to the provisions of§ 173.219. Under the provisions\nof§ 173 .219( c)( 5), a life-saving appliance containing no hazardous materials other than\ncylinders of a Division 2.2 gas with no subsidiary risk (e.g., C02), with a capacity not exceeding\n120mL is excepted from regulation if overpacked in a rigid outer packaging with a maximum\ngross mass of 40 kg. This provision would limit the capacity of the C02 cylinder to 120 mL, but\nwould allow higher pressures, similar to the 4-ounce exception in § 173.306(a)(1 ).\nPlease confirm or clarify my understanding of the above provisions and that these\nprovisions are consistent with the corresponding provisions in the ICAO Technical\nInstructions and the IMDG Code.\n2. Fire extinguishers containing compressed or liquefied gas, 2.2, UN1044\nUnder the provisions of§ 173.309(d), Fire extinguishers containing compressed or liquefied gas,\n2.2, UN1044, are provided limited quantity exceptions if they conform to the provisions of\nparagraphs (a), (b), or (c) and are charged with a limited quantity of compressed gas to not more\nthan 1660 kPa (241 psi g) at 21 °C (70 °F), and otherwise conform to paragraph (d). These fire\nextinguishers are excepted from shipping papers (except when offered for transportation by\naircraft or vessel); labeling (except when offered for transportation by aircraft), and specification\npackaging requirements.\nI note that paragraphs (a) and (b) do not impose size limits for fire extinguishers (i.e., size is only\nlimited through the specification requirements) and paragraph (c) limits the internal volume of\neach cylinder to 18 L (1, 100 cubic inches). Am I correct that all sizes of the cylinders\nauthorized by paragraphs (a), (b), or (c) are eligible for the limited quantity exceptions in\nparagraph (d), if they otherwise conform to the provisions of paragraph (d)?\n\n<<<PAGE 4>>>\n\nUnder provisions of the UN Model Regulations and the IMDG Code, it is my understanding that\nlimited quantity exceptions for Fire extinguishers containing compressed or liquefied gas, 2.2,\nUN1044, are limited to cylinders of 120 mL or less. Am I correct that the limited quantity\nprovisions of§ 173.209( d) allow capacities greater than 120mL and that the international\nstandards applicable to these fire extinguishers do not?\nThank you for your attention to this matter.\nBest regards,\nEd Mazzullo\nedmazz08@gmail.com\n571-268-0991\n\n<<<PAGE 5>>>\n\nHilder, Mike (PHMSA)\nFrom:\nSent:\nTo:\nSubject: Kelsch, Meridith (PHMSA)\nWednesday, July 24, 2013 12:30 PM\nHilder, Mike (PHMSA)\nRE: Interpretation letter on cylinder regs\nHi Mike,\nMy thoughts on the interp are below. I reviewed it based only on the HMR, ICAO, and IMDG and didn't look into old\ninterps or reg history--so there may be something there I'm missing. Also I could only access the 2006 IMDG on the N\ndrive (I'm teleworking), so my comments on it may not be up-to-date.\nFor A1, I agree that the understanding stated in Q1 is correct, however, I don't think A1 is entirely accurate. There are\nmore requirements in 173.306(j) than are stated and the requirements of 173.219(c)(S) are not complete and should list\na capacity of 100 cubic centimeters, not 120 ml (which comes from ICAO and is equivalent to 120 cubic centimeters). 2,' 1 >\nFor A2, the ICAO and IMDG provisions are similar to the HMR, but have some differences I think are worth noting.\nWith respect to 173.306(j), ICAO Special Provision A98 does apply to UN2037, and is largely the same as 173.306(j), but\nnot identical. Specifically, A98 does not have the pressure limit of 970 kPa listed in 173.3060) and has additional\nrequirements regarding extreme annoyance to crew members and airway bill information. And IMDG Special Provision\n191 applies to UN2037, but has no pressure or division limits.\nWith respect to 173.219(c)(S), ICAO Packing Instruction 955 applies to UN2990, but is specific to aircraft, the capacity\nlimit is greater (i.e. 120 mL), and it is not specifically limited to carbon dioxide cylinders. As for IMDG (assuming 2006 is\ncurrent), it should reference Special Provision 956, not 296. SP 296 merely describes life-saving appliances (akin to\n173.219(b)), while SP 9561ists the exception in 173.219(c)(S), except it also specifies that the outer package must be\nwood or fiberboard.\nA3 and A4fook fine to me.\nFor AS, I suggest adding reference to IMDG and UN section 3.4 (limited quantities) and specifying that this limit is for\nUN1044 fire extinguishers.\nHope that helps,\nMeridith\n-----Original Message-----\nFrom: Hilder, Mike (PHMSA)\nSent: Wednesday, July 24, 2013 10:30 AM\nTo: Kelsch, Meridith (PHMSA)\nSubject: Interpretation letter on cylinder regs\nJoe has given me the attached draft interpretation letter to review which comes from Ed Mazzullo who used to be the\nhead of PHH-10.\nBecause you Joe's \"specialist\" on cylinder issues, I would greatly appreciate your looking it over and giving me any\ncomments before I respond to PHH-10.\nMany thanks,\n1","truncated":false,"body_characters":9983}