{"operation":"document","citation":"17-0098","title":"KWS Training, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2017-12-28","effective_on":null,"summary":"17-0098 response to KWS Training, Inc. concerning 171.8, 173.306.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0098.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0098.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0098","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/56896/170098.pdf","body":"<<<PAGE 1>>>\n\nPresident\nKWS Training, Inc.\nP.O. Box 1381\nHillsborough, NC 27278\nReference No. 17-0098\nDear Mr. Sumner:\nThis letter is in response to your September 11, 2017, letter requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the limited\nquantity exception for aerosols. You describe a scenario in which pressurized metal canisters are\nfilled with purified butane gas and used to refill small handheld tools. The butane is stored in the\ncanister as a liquefied gas but is expelled in liquid form. You ask whether this can be considered\nan aerosol and be shipped under the exception in § 173.306(a)(3).\nThe answer is no. In accordance with § 171.8, an aerosol is defined as an article consisting of\nany non-refillable receptacle containing a gas compressed, liquefied or dissolved under pressure,\nthe sole purpose of which is to expel a nonpoisonous (other than a Division 6.1 Packing Group\nIII material) liquid, paste, or powder and fitted with a self-closing release device allowing the\ncontents to be ejected by the gas. A liquefied compressed gas packaged without a liquid, paste,\nor powder in the container does not meet the definition of an aerosol and, therefore, is not\neligible for the exception.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nPlease submit this as a letter of interpretation. Let me know if you have any questions.\nThanks,\nJodi\nFrom: hazmat@kwstrain.com [mailto:hazmat@kwstrain.com]\nSent: Monday, September 11, 2017 3:40 PM\nTo: PHMSA HM InfoCenter <PHMSAHMInfoCenter@dot.gov>\nSubject: Request for Interpretation, 173.306(a)(3)\nSee attached letter for details and requested interpretation.\nregards,\nKen Sumner\nKWS Training, Inc.\n(919)929-7234\nwww.kwstrain.com\n1\n\n<<<PAGE 3>>>\n\nHillsborough NC 27278\nwww.kwstrain.com\nSeptember 11, 2017\nU.S. DOT\nPHMSA Office of Hazardous Materials Standards\nAttn: PHH-10\nEast Building\n1200 New Jersey Avenue, SE\nWashington, DC 20590-0001\nphmsa.hm-infocenter@dot.gov\nRe: Request for Interpretation, 173.306(a)(3)\nI have become aware of a company intending to ship non-refillable liquefied butane fuel canisters as a\nLimited Quantity by ground transport under 49CFR 173.306(a)(3). The canisters are classified as\nUN1075, Petroleum gases, liquefied, 2.1. The purified butane gas is in small pressurized metal canisters\nwith no other material inside. The water capacity of the metal canister is over 8 ounces but less than 1\nliter. It is used to refill small handheld tools with liquefied fuel.\nTheir argument appears to be that it meets the definition of aerosol as referenced in 171.8 because the\ngas is dispensed in liquefied form. Therefore, it expels a liquid. To properly refill tools the canister must\nbe inverted and the gas is expelled in liquefied form. All other requirements of 173.306(a)(3) appear to\nbe met by the individual canisters and shipping cases in question.\nI disagree with this choice. It is my belief that a liquefied gas by itself, with no liquid, paste or powder to\nexpel, does not meet the definition of \"aerosol\" as required by 173.306(a)(3).\nHere is a summary of my concerns regarding Limited Quantity as a packaging authorization:\n1. 173.306(a)(3) states that \"When in a metal aerosol container...\" and directs users to the\ndefinition of aerosol in 171.8.\n2. The definition of aerosol includes \"...the sole purpose of which is to expel a nonpoisonous (other\nthan a Division 6.1 Packing Group III material) liquid, paste or powder...'\n3. The contents of the canister are classified for shipping purposes as a gas. Even in liquefied form\nthe content meets the definition of a gas (see 171.8 and 173.116(e)). The canister has no liquid,\npaste or powder to expel.\n4. If used correctly (i.e. upside down), the canister expels the liquefied gas into a tool fuel tank as\nwhat appears to be a liquid but is classified as a gas. It is expelling itself, which does not appear\n\n<<<PAGE 4>>>\n\nc. Letter 3 - Ref. No. 09-0290, January 8th, 2010 to S. Anderson\n6. If the definition of aerosol cannot be met, then 173.306(a)(3) is not an acceptable packaging\nauthorization.\nDo you agree that 173.306(a)(3) is not an appropriate packaging authorization for this canister?\nRegards,\nKen Sumner\nPresident\nKWS Training, Inc.","truncated":false,"body_characters":4405}