{"operation":"document","citation":"19-0052","title":"GSI Training Services, INc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-08-06","effective_on":null,"summary":"19-0052 response to GSI Training Services, INc. concerning 173.309.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0052.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0052.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0052","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/72016/190052.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nAUG O 6 2019\nMr. Sam Burton\nPresident\nGSI Training Services, Inc.\n822 St. Hwy T\nBranson, MO 65616\nReference No. 19-0052\nDear Mr. Burton:\nThis letter is in response to your April 17, 2019, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to fire extinguishers. Your\nemail references a package containing Department of Transportation (DOT) specification\ncylinders filled with a compressed gas (greater than 30% carbon dioxide) attached to an\napparatus that contains a fire retardant. The compressed gas and fire retardant are not mixed\nuntil the fire extinguisher is used for its intended purpose. You note that this is an important\ndistinction from the more common fire extinguishers that are a mixture of the fire retardant and a\ncompressed gas contained in a single cylinder. You ask whether the cylinder as described is\neligible to be shipped as a fire extinguisher under§ 173.309. You also ask what would be the\nmost appropriate proper shipping name for the cylinders described in your email.\nThe answer to your first question is no. As stated in your email, one of the conditions that must\nbe met in§ 173.309(a)(3) to use the fire extinguisher description is a cylinder may not contain\nmore than 30% carbon dioxide. If the cylinder you describe contains more than 30% carbon\ndioxide, it cannot be shipped as a fire extinguisher under§ 173.309. To answer your second\nquestion, because the cylinders you describe do not meet the definition of a fire extinguisher as\nprescribed in§ 173.309, the identification number and proper shipping name \"UN1044, Fire\nextinguishers\" is not appropriate. Rather, the identification number and proper shipping name\nfor the article should reflect the type of compressed gas being shipped, for example, \"UN 1013,\nCarbon dioxide.\"\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\n· ~#~~\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<>>\n\nDodd, Alice (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nJ \nSubject: Request for Letter of Interpretation\nI have been asked by Ansul, the manufacturer of the fire extinguishers in question, to ask DOT to revisit this letter of\ninterpretation 13-0236 regarding the most appropriate proper shipping name to describe these devices.\nThe majority of the fire extinguishers they manufacture are able to meet the conditions of 173.309 and are shipped in that\nmanner. The fire extinguishers in question, we believe, do not meet the conditions that would make them eligible for this\nexception.\nThese fire extinguishers have a DOT cylinder attached to a packaging that contains the fire retardant. The compressed\ngas and fire retardant are not mixed until the fire extinguisher is used for its intended purpose. This is an important\ndistinction from the more common fire extinguishers that are a mixture of the fire retardant and a compressed gas\ncontained in a single cylinder.\nOne of the conditions that must be met to use the fire extinguisher exception is not being met in our\nopinion. 173.309(a)(3) states that the fire extinguisher may not contain more than 30% carbon dioxide. When the carbon\ndioxide is in a separate cylinder and not in a mixture, it is 100% carbon dioxide and exceeds the stated limit. The 30%\nlimit also implies that we are dealing with the more common fire extinguisher which is a mixture of compressed gas and a\nfire retardant.\nThe other overriding issue is how one gets to a PSN that describes an \"intended application\" in lieu of a more appropriate\ntechnical name. The only way I'm aware of to get to a PSN that describes the use of a material is\n172.101 (c)(1 0)(i)(F). The title of that subparagraph is \"Mixtures and solutions\". The opening phrase of sub-subparagraph\n(i) says \"A mixture or solution ... . \". The particular fire extinguishers in question do not meet the definition of a mixture or\nsolution. They will have manifolds of pure nitrogen or carbon dioxide attached to a packaging containing the fire\n1\n\n<<>>\n\nretardant. This does not meet the definition of a mixture and therefore this paragraph cannot be used to ship these\ndevices under UN1044, fire extinguishers.\nPlease call my office at 417-334-7060 if further information is required. Thanks for your help in this matter.\nSincerely,\nSam Burton\nPresident\nGSI Training Services, Inc\nGSI Computer Services, Inc.\n822 St Hwy T\nBranson, MO 65616\n2","truncated":false,"body_characters":5135}