{"operation":"document","citation":"13-0240","title":"West Marine Products, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-04-04","effective_on":null,"summary":"13-0240 response to West Marine Products, Inc. concerning 173.219.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0240.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0240.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0240","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130240.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\nAPR 0 4 2014\nMr. Jon Stuart\nWest Marine Products, Inc.\n500 Westridge Drive\nWatsonville, California\nRef. No. 13-0240\nDear Mr. Stuart:\nThis is in response to your December 11, 2013 letter requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR 171-180) applicable to personal flotation\ndevices (PFDs). In your letter, you state that these PFDs are manually or automatically\ninflated using a small cylinder of carbon dioxide. These cylinders vary between 30ml and 50\nml in water volume, and have a carbon dioxide weight between 25 and 28 grams per\ncylinder. You further state these PFDs, equipped with these cylinders, are shipped in a small\nplastic sleeve attached to the PFD. You ask whether you can utilize the exception for life\nsaving appliances provided in§§ 173.219(a) and 173.219(c)(5) for the PFDs described in\nyour letter.\nThe PFD you describe in your letter containing a compressed carbon dioxide cylinder could\nbe shipped under§ 173.219 provided the appliances are packed in such a way that they\ncannot be accidently activated. Section 173.219(c)(5) specifies that, Life-saving appliances\ncontaining no hazardous materials other than cylinders of Division 2.2 compressed or\nliquefied gases with no subsidiary risk, with a capacity not exceeding 120 mL, installed\nsolely for the purpose of activating the appliance, are not subject to the provisions of this\nsubchapter provided they are overpacked in rigid outer packagings with a maximum gross\nmass of 40 kg. For transportation by aircraft, such appliances must be transported as cargo\nand may not be carried onboard an aircraft by passengers or crewmembers in carry-on\nbaggage, checked baggage, or on their person unless specifically excepted by § 17 5.10.\nTherefore, provided your shipment meets all the requirements in § 173 .219( c)( 5), it would be\neligible to utilize this exception.\nI trust this information is helpful. Please contact us if you require further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom: INFOCNTR (PHMSA)\nSent:\nTo:\nSubject: Friday, December 13, 2013 2:54 PM\nDrakeford, Carolyn (PHMSA)\nFW: Hazmat Information Center Feedback: Shippers-General Requirements for Shipments and\nPackagings (Sections 173.1 &ndash; 173.476)\nThis caller requested we submit this e-mail as a formal letter of interpretation. The caller spoke with Michael Stevens on\nHi Carolyn,\n12/12/13.\nThanks,\nVictoria\n-----Original Message-----\nFrom: PHMSA Webmaster\nSent: Wednesday, December 11, 2013 5:35 PM\nTo: PHMSA HM InfoCenter; PHMSA Webmaster\nSubject: Hazmat Information Center Feedback: Shippers-General Requirements for Shipments and Packagings (Sections\n173.1 &ndash; 173.476)\nMy question is regarding shipment of certain personal flotation devices, (PFDs), which are manually or automatically\ninflated using a small cylinder of C02. These cylinders vary between 30m I and SOml in water volume, have C02 weight of\nbetween 25 and 38 grams per cylinder.\nPFDs equipped with these small cylinders of C02 are shipped in a small plastic sleeve attached to the PFD, but are NOT\nENGAGED in the release device until first use by the end Customer.\nCan we ship these PFDs using the exception provided in Sec. 173.219(a) and 173.219(c)(5L reasoning that the cylinder is\nnot attached to 'prevent accidental activation', but is still considered as an \"integral part of the appliance?\nJon Stuart\nName: JON STUART\nOrganization: WEST MARINE PRODUCTS, INC\nEmail: jons@westmarine.com\nAddress: 500 WESTRIDGE DRIVE\nCity: WATSONVILLE\nZip Code: 95065\nPhone:831-761-4160\nFAX: 831-768-5160\n1","truncated":false,"body_characters":3820}