{"operation":"document","citation":"24-0069","title":"The Sterno Group — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2024-10-09","effective_on":null,"summary":"24-0069 response to The Sterno Group concerning 171.8, 173.306.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0069.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0069.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0069","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2024-10/240069.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nOctober 9, 2024\nJarrod Kuhn, CPSP, JD\nSenior Director of Compliance\nThe Sterno Group\n6900 Dallas Parkway, Suite 870\nPlano, TX 75024\nReference No. 24-0069\nDear Mr. Kuhn:\nThis letter is in response to your August 5, 2024, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to limited quantities of\ncompressed gases and how it relates to aerosols. You describe a fuel canister—filled with butane\n(UN2037)—that is used with a portable butane stove, in which the gas is dispersed from the\ncontainer into the ignition system of the stove. You state that the canister is a non-refillable\ncontainer (DOT-2P) with a fill volume of 8 fluid ounces, and that it is equipped with a pressure\nrelief system.\nWe have paraphrased and answered your questions as follows:\nQ1. You ask whether the container meets the definition of an aerosol in § 171.8.\nA1. The answer is no. In accordance with § 171.8, an aerosol is defined as an article\nconsisting of any non-refillable receptacle containing a gas compressed, liquefied, or\ndissolved under pressure, the sole purpose of which is to expel a nonpoisonous (other\nthan a Division 6.1 Packing Group III material) liquid, paste, or powder, and fitted with a\nself-closing release device allowing the contents to be ejected by the gas. A liquefied\ncompressed gas packaged without a liquid, paste, or powder to expel does not meet the\ndefinition of an aerosol.\nQ2. If the container meets the definition of an aerosol and considering all other information\nprovided, you ask whether the container would meet the requirements to transport as a\nlimited quantity according to § 173.306(a)(3).\nA2. The answer is no. See answer A1.\n\n<<>>\n\nQ3. You ask whether the packaging you describe meets any other exceptions under § 173.306\nto be transported as a limited quantity of compressed gas.\nA3. The answer is no. Section 173.306(a)(1) provides general limited quantity exception and\nis not restricted to only aerosols; however, as packaged according to your description, the\nfuel canister exceeds the four fluid ounce capacity limitation found in § 173.306(a)(1).\nAll other limited quantity provisions in § 173.306 are restricted to specific materials and\narticles (e.g., food stuffs, refrigerating machines, accumulators, etc.), none of which are\napplicable to the container and its contents as you describe.\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<<>>\n\nCasey\n24-0069\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Request for Interpretation\nDate: Tuesday, August 6, 2024 12:33:24 PM\nAttachments: image265204.png\nRequest for Interpretation_Limited Quantity Shipping.pdf\nHi Alice,\nPlease see the attached interpretation request.\nLet us know if you need anything,\n-Breanna\nFrom: Jarrod Kuhn \nSent: Monday, August 5, 2024 9:46 PM\nTo: INFOCNTR (PHMSA) \nSubject: Request for Interpretation\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\nDear Mr. Kelley,\nPlease see the attached letter requesting interpretation of hazardous materials regulations.\nThank you,\nJarrod Kuhn\nJarrod Kuhn, CPSP, JD\nSenior Director of Compliance\nSterno Group\nT.949‑431‑1130\nP Please consider the environment before printing this e‑mail!\nNote: The information contained in this message and any attachment is confidential and protected from\ndisclosure. If the reader of this message is not the intended recipient, or an employee or agent\nresponsible for delivering this message to the intended recipient, you are hereby notified that any\ndissemination, distribution or copying of this communication is strictly prohibited. If you have received this\ncommunication in error, please notify the sender immediately by replying to the message, and please\ndelete it from your system. Please excuse any typos or missing punctuation.\n\n<<>>\n\nREQUEST FOR INTERPRETATION\nU.S. DOT’s PHMSA, Standards & Rulemaking Division\nTO: Mr. Shane Kelley\nDirector, Standards and Rulemaking Division\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, D.C. 20590\nDate: August 5, 2024\nItem: Sterno® 8-Fluid Ounce Butane Fuel Canister\nRE: Request for Interpretation: Limited Quantities of Compressed Gas\n§173.306, §173.306(a)(3), §171.8 (aerosol)\nVIA: infocntr@dot.gov\nDear Mr. Kelley,\nI am writing to request interpretation of 173.306 for shipping limited quantities of compressed gas, and\nspecifically (a)(3) as it relates to DOT2P containers meeting the definition as an aerosol according to 171.8.\nThe gas container in question is a fuel canister used with portable butane stoves, as pictured and functionally\ndescribed below:\nButane Canister Portable Stove\n• Non-refillable small container of Butane gas; UN2037.\n• Fill volume is 8-fluid ounces of liquified gas.\n• Meets definition of Specification DOT 2P container.\n• Pressure Relief Device System according to 173.301(f).\n• Temperature-sensing valve with self-closing release capabilities.\n• Gas release occurs when the container’s valve is connected into the gas regulator and dispersion mechanism\nwithin the stove by manually pulling down a lever on the stove, safely locking the canister in place. Once\nthe valve is installed into the stove, turning the knob activates the Piezo ignition system.\n• The container is filled with liquified gas and gas is dispersed from the container into the stove’s ignition\nsystem to work with burners to produce open flame heat that powers the cooking appliance.\nPage 1 of 2\n\n<<>>\n\nDOT/ PHMSA: Request for Interpretation (Sterno)\nThe following is a visual depiction of the container’s release device, along with the gas regulation and\ndispersion system when connected to the portable stove:\nContainer Valve Stove Gas Regulator Container & Stove Connected\nQuestion 1:\nBased on described container, how it is filled and functions to expel its contents, does container meet the\ndefinition of aerosol, according to §171.8?\nQuestion 2:\nAssuming container meets the definition of aerosol, and considering all other container information provided,\nwould container in question meet the conditions to ship as limited quantity, according to §173.306(a)(3)?\nQuestion 3:\nIf container in question does not meet the definition of aerosol, according to §171.8, and qualify to be shipped\nas limited quantity pursuant to §173.306(a)(3), does container meet another qualification to ship as limited\nquantity, based on the information provided, according to §173.306?\nIf more information is needed or anything clarified further, please do not hesitate to contact me directly at\njkuhn@sterno.com.\nSincerely,\n____________________\nJarrod Kuhn, J.D., C.P.S.P.\nSenior Director of Compliance\nPage 2 of 2\n6900 Dallas Parkway, Suite 870, Plano, TX 75024 // P: 877.526.7748 // www.sterno.com","truncated":false,"body_characters":7327}