The Sterno Group — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 October 9, 2024 Jarrod Kuhn, CPSP, JD Senior Director of Compliance The Sterno Group 6900 Dallas Parkway, Suite 870 Plano, TX 75024 Reference No. 24-0069 Dear Mr. Kuhn: This letter is in response to your August 5, 2024, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to limited quantities of compressed gases and how it relates to aerosols. You describe a fuel canister—filled with butane (UN2037)—that is used with a portable butane stove, in which the gas is dispersed from the container into the ignition system of the stove. You state that the canister is a non-refillable container (DOT-2P) with a fill volume of 8 fluid ounces, and that it is equipped with a pressure relief system. We have paraphrased and answered your questions as follows: Q1. You ask whether the container meets the definition of an aerosol in § 171.8. A1. The answer is no. In accordance with § 171.8, an aerosol is defined as an article consisting of any non-refillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a nonpoisonous (other than a Division 6.1 Packing Group III material) liquid, paste, or powder, and fitted with a self-closing release device allowing the contents to be ejected by the gas. A liquefied compressed gas packaged without a liquid, paste, or powder to expel does not meet the definition of an aerosol. Q2. If the container meets the definition of an aerosol and considering all other information provided, you ask whether the container would meet the requirements to transport as a limited quantity according to § 173.306(a)(3). A2. The answer is no. See answer A1.#

Page 2Q3. You ask whether the packaging you describe meets any other exceptions under § 173.306 to be transported as a limited quantity of compressed gas. A3. The answer is no. Section 173.306(a)(1) provides general limited quantity exception and is not restricted to only aerosols; however, as packaged according to your description, the fuel canister exceeds the four fluid ounce capacity limitation found in § 173.306(a)(1). All other limited quantity provisions in § 173.306 are restricted to specific materials and articles (e.g., food stuffs, refrigerating machines, accumulators, etc.), none of which are applicable to the container and its contents as you describe. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Dirk Der Kinderen Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3Casey 24-0069 From: INFOCNTR (PHMSA) To: Dodd, Alice (PHMSA) Cc: Hazmat Interps Subject: FW: Request for Interpretation Date: Tuesday, August 6, 2024 12:33:24 PM Attachments: image265204.png Request for Interpretation_Limited Quantity Shipping.pdf Hi Alice, Please see the attached interpretation request. Let us know if you need anything, -Breanna From: Jarrod Kuhn <JKuhn@Sterno.com> Sent: Monday, August 5, 2024 9:46 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: Request for Interpretation CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the sender and know the content is safe. Dear Mr. Kelley, Please see the attached letter requesting interpretation of hazardous materials regulations. Thank you, Jarrod Kuhn Jarrod Kuhn, CPSP, JD Senior Director of Compliance Sterno Group T.949‑431‑1130 P Please consider the environment before printing this e‑mail! Note: The information contained in this message and any attachment is confidential and protected from disclosure. If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by replying to the message, and please delete it from your system. Please excuse any typos or missing punctuation.#

Page 4REQUEST FOR INTERPRETATION U.S. DOT’s PHMSA, Standards & Rulemaking Division TO: Mr. Shane Kelley Director, Standards and Rulemaking Division U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE East Building, 2nd Floor Washington, D.C. 20590 Date: August 5, 2024 Item: Sterno® 8-Fluid Ounce Butane Fuel Canister RE: Request for Interpretation: Limited Quantities of Compressed Gas §173.306, §173.306(a)(3), §171.8 (aerosol) VIA: infocntr@dot.gov Dear Mr. Kelley, I am writing to request interpretation of 173.306 for shipping limited quantities of compressed gas, and specifically (a)(3) as it relates to DOT2P containers meeting the definition as an aerosol according to 171.8. The gas container in question is a fuel canister used with portable butane stoves, as pictured and functionally described below: Butane Canister Portable Stove • Non-refillable small container of Butane gas; UN2037. • Fill volume is 8-fluid ounces of liquified gas. • Meets definition of Specification DOT 2P container. • Pressure Relief Device System according to 173.301(f). • Temperature-sensing valve with self-closing release capabilities. • Gas release occurs when the container’s valve is connected into the gas regulator and dispersion mechanism within the stove by manually pulling down a lever on the stove, safely locking the canister in place. Once the valve is installed into the stove, turning the knob activates the Piezo ignition system. • The container is filled with liquified gas and gas is dispersed from the container into the stove’s ignition system to work with burners to produce open flame heat that powers the cooking appliance. Page 1 of 2#

Page 5DOT/ PHMSA: Request for Interpretation (Sterno) The following is a visual depiction of the container’s release device, along with the gas regulation and dispersion system when connected to the portable stove: Container Valve Stove Gas Regulator Container & Stove Connected Question 1: Based on described container, how it is filled and functions to expel its contents, does container meet the definition of aerosol, according to §171.8? Question 2: Assuming container meets the definition of aerosol, and considering all other container information provided, would container in question meet the conditions to ship as limited quantity, according to §173.306(a)(3)? Question 3: If container in question does not meet the definition of aerosol, according to §171.8, and qualify to be shipped as limited quantity pursuant to §173.306(a)(3), does container meet another qualification to ship as limited quantity, based on the information provided, according to §173.306? If more information is needed or anything clarified further, please do not hesitate to contact me directly at jkuhn@sterno.com. Sincerely, ____________________ Jarrod Kuhn, J.D., C.P.S.P. Senior Director of Compliance Page 2 of 2 6900 Dallas Parkway, Suite 870, Plano, TX 75024 // P: 877.526.7748 // www.sterno.com#