{"operation":"document","citation":"16-0059","title":"Ningbo Zhengxin Fire Fighting Equipment Co., Ltd — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2016-08-19","effective_on":null,"summary":"16-0059 response to Ningbo Zhengxin Fire Fighting Equipment Co., Ltd concerning 172.415, 173.156, 173.309.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0059.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0059.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0059","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/160059.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, SE\nMaterials Safety\nPipeline and Hazardous\nWashington, D.C. 20590\nAdministration\nAUG 1 9 2016\nMr. Jacky Xie\nNingbo Zhengxin Fire Fighting\nEquipment Co., Ltd.\n1199 Hua Shan Road, Room 15B2\nWaigaoqiao, Shanghai 200137\nCHINA\nReference No. 16-0059\nDear Mr. Xie:\nThis letter is in response to an April 6, 2016, email from Mitchell Brown (Chief Investigator,\nEastern Region, Field Services Support Division, PHMSA) in which he forwarded your\ninquiry and requested clarification of the Hazardous Materials Regulations (HMR; 49 CFR\nParts 171-180) applicable to the transport of \"UN 1044, Fire extinguishers, 2.2 (non-\nflammable gas)\" by motor vehicle in the United States. We have paraphrased and answered\nyour questions as follows:\nQ1.\nMust fire extinguishers in the United States be described as \"UN 1044, Fire\nextinguishers, 2.2'?\nAl.\nOnly fire extinguishers that comply with the requirements prescribed in § 173.309\nmust be described as \"UN 1044, Fire extinguishers containing compressed or\nliquefied gas, 2.2.\" A fire extinguisher that varies from these requirements must be\ndescribed appropriately for the hazardous material(s) it contains. For example,\n§ 173.309(a)(3) requires that UN 1044 fire extinguishers must contain 30 percent or\nless carbon dioxide by volume. Fire extinguishers that exceed this percentage may be\ndescribed as \"UN 1013, Carbon dioxide, 2.2,\" or may have different or additional\nPermit (DOT-SP).\ndescription requirements authorized under a Department of Transportation Special\nQ2.\nWhat is the correct way to transport fire extinguishers in the United States by motor\nvehicle?\nA2.\nFire extinguishers authorized under § 173.309 must comply with that section's\nransportation in commerce. These requirements include relief from shipping papers.\nlandling, packaging, operation, and test requirements before being offered fo\nlabels, and placards and from having to comply with the modal requirements in 49\n\n<<<PAGE 2>>>\n\nCFR Parts 174 (rail) and 177 (highway). Section 173.309 fire extinguishers are also\neligible for the exceptions in § 173.156. As previously stated, fire extinguishers that\ndo not comply with § 173.309 but meet the definition of a hazardous material must\ncomply with the HMR requirements applicable to the hazardous materials they\ncontain. For example, these cylinders must be loaded, secured, and unloaded on a\nmotor vehicle in conformance with 49 CFR Part 177 unless they meet the limited\nquantity exception. Please note that other Federal agency regulations may also apply.\nQ3.\nWhy aren't all fire extinguishers in the United States marked and labeled with a green\nNON-FLAMMABLE GAS (Division 2.2) compressed gas label prescribed in\n§ 172.415? Is this label only required when a fire extinguisher is shipped by vessel?\nA3.\nAs previously stated, fire extinguishers that comply with § 173.309 are excepted from\nbeing labeled with a NON-FLAMMABLE GAS hazard warning label. Fire\nextinguishers that do not comply with § 173.309 must be marked and labeled as\nrequired under the HMR. For example, fire extinguishers required by the HMR to be\nplaced in an outer packaging before being offered for transportation (such as a\nfiberboard box authorized under a DOT-SP) must be marked and labeled on the outer\npackaging in conformance with the HMR. Fire extinguishers that are permitted by\nthe HMR to be placed in transportation without an outer packaging must themselves\nbe marked and labeled as prescribed in 49 CFR Part 172, Subpart E (labeling).\nQ4. Are there special regulations in the United States for delivering Division 2.2 fire\nextinguishers other than those assigned identification number \"UN 1044\"?\nA4.\nAs previously stated, the answer is yes. Division 2.2 fire extinguishers other than\nthose assigned identification number \"UN 1044\" must be offered for transportation in\ncommerce in conformance with the HMR for the hazardous materials they contain.\nQ5.\nAre only those fire extinguishers manufactured in conformance with § 173.309\nrequired to be classified as \"Division 2.2\" and assigned identification number \"UN\n1044\"?\nA5.\nThe answer is no. Please see A4.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nIsten Taster\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandard and Rulemaking Division\n\n<<<PAGE 3>>>\n\nEdmonson\n173.309\nGoodall, Shante CTR (PHMSA)\nFire, Extingweshes\nFrom:\nFoster, Glenn (PHMSA)\n14 - 0059\nSent:\nTo:\nWednesday, April 06, 2016 11:18 AM\nBrown, Mitchell (PHMSA)\nCc:\nSubject:\nDodd, Alice (PHMSA); Goodall, Shante CTR (PHMSA)\nINFO: Fire Extinguishers\nMitchell,\nOkay, will do.\nShante / Alice,\nPlease have the request below checked in as a Request for a Letter of Interpretation and assigned to the next Specialist\nin the rotation.\nThanks,\nGlenn\nFrom: Brown, Mitchell (PHMSA)\nTo: Foster, Glenn (PHMSA)\nSent: Wednesday, April 06, 2016 11:17 AM\nSubject: RE: INFO: Fire Extinguishers\nImportance: High\nGreetings Glen,\nYes please...\nThe company contact information is as follows:\nMr. Jacky Xie\nRoom 15B2\nNingbo Zhengxin Fire Fighting Equipment Co., Ltd\n1199 Hua Shan Rd.\nWaigaoqiao, Shanghai 200137 China\nixie@zxfire.net\nAdditionally, I am a bit curious as / would very much like to ensure that my investigators as well as myself understand\nthoroughly how we should be addressing fire extinguishers with respect to enforcement. Thank you so much for your\nassistance in this matter.\nv/r\nMitchell F. Brown\nChief Investigator, Eastern Region\nOffice of Hazardous Materials Safety, Field Operations\nPipeline and Hazardous Materials Safety Administration (PHMSA)\nUnited States Department of Transportation\n1\n\n<<<PAGE 4>>>\n\n820 Bear Tavern Rd., Suite 306\nWest Trenton, NJ 08628\nPhone: 609-989-2256\nFax: 609-989-2277\nE-Mail: mitchell.brown@dot.gov\nPHMSA is hiring! Subscribe to receive new job alerts by email\nPHMSA - For the Public\nFrom: Foster, Glenn (PHMSA)\nTo: Brown, Mitchell (PHMSA)\nSent: Wednesday, April 06, 2016 11:08 AM\nSubject: RE: INFO: Fire Extinguishers\nHello Mitchell,\nDo you want to have these inquiries checked in as a request for a Letter of Interpretation?\nThanks\nGlenn\nFrom: Brown, Mitchell (PHMSA)\nTo: Foster, Glenn (PHMSA)\nSent: Wednesday, April 06, 2016 8:10 AM\nImportance: High\nSubject: INFO: Fire Extinguishers\nGreetings Mr. Foster,\nI have a several questions for you....attached please find copies of Compliance Certificates relative to Fire\nExtinguishers. The company specifically asked whether the extinguisher(s) must be described as UN1044, fire\nextinguisher, 2.2\nwhen transporting via highway in the US. These extinguishers will contain dry chemical product that are not hazardous\nmaterials. The questions are as follows::\nDo the fire extinguishers in USA need to be delivered under UN1044 class 2.2??\nWhat is the right way to delivery fire extinguishers in USA by truck?\nWhy aren't all fire extinguishers in USA not marked and labeled with the Green Label UN1044 class 2.2; in\nEurope they are? Is this only a requirement when shipped via vessel?\nIs there a special regulation of delivery fire extinguishers in USA other than UN1044 class 2.2?\n2\n\n<<<PAGE 5>>>\n\nAre only those extinguishers manufactured under section 173.309, required to be shipped under UN1044 class\nAny assistance that you might be able to provide on this matter would be greatly appreciated. Again, the\ncompany is looking to transport their fire extinguishers via highway.\nMitchell F. Brown\nChief Investigator, Eastern Region\nOffice of Hazardous Materials Safety, Field Operations\nPipeline and Hazardous Materials Safety Administration (PHMSA)\nUnited States Department of Transportation\n820 Bear Tavern Rd., Suite 306\nWest Trenton, NJ 08628\nPhone: 609-989-2256\nFax: 609-989-2277\nE-Mail: mitchell.brown@dot.gov\nPHMSA is hiring! Subscribe to receive new job alerts by email\nPHMSA - For the Public\n3","truncated":false,"body_characters":7885}