{"operation":"document","citation":"22-0001","title":"ShipMate, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2022-05-18","effective_on":null,"summary":"22-0001 response to ShipMate, Inc. concerning 173.219.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0001.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0001.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0001","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/76491/220001.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMay 18, 2022\nSteven Charles Hunt\nPresident\nShipMate, Inc.\nP.O. Box 787\nSisters, OR 97759\nReference No. 22-0001\nDear Mr. Hunt:\nThis letter is in response to your January 6, 2022, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the shipping requirements for\na life-saving appliance (e.g., a self-inflating life vest). You seek confirmation that a small gas\ncartridge (i.e., a gas cylinder) that is not threaded or attached to a self-inflating life vest can be\nshipped in the pocket of the life vest.\nWe have paraphrased and answered your questions as follows:\nQ1. You ask whether a small gas cylinder that—having a capacity less than 120 mL—is\npacked in the pocket of a self-inflating life vest and is not threaded or attached to the self-\ninflating life vest, would meet the requirements outlined in § 173.219.\nA1. There is no prohibition in § 173.219 from packing an uninstalled gas cylinder—i.e., not\nattached but necessary for activating the appliance—in the pocket of a self-inflating life\nvest, provided the self-inflating life vest is packaged in accordance with § 173.219.\nQ2. You ask whether packing a small gas cylinder—having a capacity less than 120 mL—in\nthe pocket of a self-inflating life vest would make the life-saving appliance eligible for\nexception from the provisions of the HMR, in accordance with § 173.219(c)(5).\nA2. The answer is yes. In accordance with § 173.219(c)(5), the gas cylinder must contain a\nDivision 2.2 compressed or liquefied gas with no subsidiary risk, not exceed 120 mL\ncapacity, and be installed solely for the purpose of activating the appliance. Our intent\nhere is not to limit the gas cylinder to only those installed (i.e., attached to) a self-\ninflating life vest in packaged form. Rather the intent is that a gas cylinder, on its own,\nis necessary for the activation of the appliance. And thus, if packed in the pocket of the\nlife vest, would also meet conditions outlined in § 173.219(c)(5) for exception from the\n\n<<<PAGE 2>>>\n\nHMR. Please note, a person must adhere to the air transportation restrictions at the end\nof paragraph (c)(5).\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 3>>>\n\nCiccarone\n22-0001\nFrom: INFOCNTR (PHMSA)\nTo: Subject: Date: Dodd, Alice (PHMSA); Hazmat Interps\nFW: REQUEST FOR INTERPRETATION: 173.219\nTuesday, January 11, 2022 10:21:42 AM\nHello All,\nPlease see the below request for interpretation.\nLet me know if you have any questions on anything.\nRegards,\n-Breanna\nFrom: Steve Hunt <steve@shipmate.com>\nSent: Thursday, January 6, 2022 10:04 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: REQUEST FOR INTERPRETATION: 173.219\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or\nopen attachments unless you recognize the sender and know the content is safe.\nHazMat Info Center:\nIn response to my conversation of Jan 4, 2022 with your staff regarding the subject section,\nthis is a request for a written letter of interpretation and verbal response on the subject\nreference so as to facilitate commerce.\n1. With respect to § 173.219(a), shown below:\nA life-saving appliance, self-inflating or non-self-inflating, containing small quantities of\nhazardous materials that are required as part of the life-saving appliance must conform\nto the requirements of this section. Packagings must conform to the general packaging\nrequirements of subpart B of this part but need not conform to the requirements of\npart 178 of this subchapter. The appliances must be packed, so that they cannot be\naccidentally activated and, except for life vests, the hazardous materials must be in\ninner packagings packed so as to prevent shifting within the outer packaging. The\nhazardous materials must be an integral part of the appliance and in quantities that do\nnot exceed those appropriate for the actual appliance when in use.\na. The statement indicates that \"...except for life vests, the hazardous materials must be in\ninner packaging packed so as to prevent shifting within the outer packaging.\"\n\n<<<PAGE 4>>>\n\nQ1. If a small gas cartridge containing less than 120 ml is packed with the life vest (e.g., in a\npocket) but NOT installed (e.g., threaded), does this meet the requirement outlined in this\nsection?\n2. With respect to § 173.219(c)(5), shown below:\nLife-saving appliances containing no hazardous materials other than cylinders of Division 2.2\ncompressed or liquefied gases with no subsidiary risk, with a capacity not exceeding 120 mL,\ninstalled solely for the purpose of activating the appliance, are not subject to the provisions of\nthis subchapter provided they are overpacked in rigid outer packagings with a maximum gross\nmass of 40 kg.\nQ2. Again, if the small gas cartridge containing less than 120 ml is packed with the life vest\n(e.g., in a pocket) but NOT installed (e.g., threaded), does this meet the requirement outlined\nin this section and, therefore, entitled to the exception outlined in this subsection?\nWe would appreciate a verbal confirmation, followed by a written letter of interpretation. I\nmay be reached directly at +1 (310) 600-5241.\nSteve\n--\nRespectfully,\ns/steve\nSteven Charles Hunt\nDGSA, CDGP, CSP, CHMM, CIT, CDGT, SMS, STS\nPresident\nShipMate, Inc.\n780 Buckaroo Trail, Suite D (deliveries)\nPO Box 787 (mail)\nSisters, OR 97759-0787\nTel: +1 (310) 370-3600\nFax: +1 (310) 370-5700\nsteve@shipmate.com\nBookmark our new Learning Management System,\nShipMate University - https://shipmateuniversity.com/\nTo receive a complimentary demo login, send us\nan e-mail or call: +1 (310) 370-3600\nDangerous Goods Safety Advisor DGSA (No. 2935081/160728)\nCertified Dangerous Goods Professional CDGP (No. 00040)\nCertified Safety Professional (No. CSP-34836)\nCertified Hazardous Materials Manager CHMM (No. 19112)\nCertified Instructional Trainer CET (No. CIT-13613)\nCertified Dangerous Goods Trainer CDGT (No. 00160)\nSafety Management Specialist SMS (No. SMS-986)\n\n<<<PAGE 5>>>\n\nSafety Trained Supervisor STS (No. STS-16681)","truncated":false,"body_characters":6339}