Amerex Corporation — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Nashington, D.C. 100 Seventh Street, S.W. 20590 Research and Special Programs Administration FEB 23 1998 Mr. Fred B. Goodnight Amerex Corporation P.O. Box 81" Trussville, AL 35173-0081 Dear Mr. Goodnight: This is in response to your letter of January 19, 1998, asking whether a fire extinguisher conforming to 49 CFR 173.309 may be shipped as a Consumer Commodity ORM-D in accordance with the provisions of § 173.144. The answer is no. In order for a material to be reclassed as ORM-D, the material must: (1) meet the definition for consumer commodity in § 171.8; (2) be packaged for shipment in accordance with the limited quantity provisions; and (3) the packaging exception section, referenced in Column (SA) ot the § 172.101 Hazardous Materials Table, must allow an exception for shipment as an ORM-D. In your case, the fire extinguishers may meet the definition of consumer commodity and may be packaged as a limited quantity, but § 173.309 does not authorize shipment of fire extinguishers as ORM-D. I hope this information is helpful. Should you have further questions, do not hesitate to contact uS. Sincerely, Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards#

Page 201/19/98 16:09 8205 655 3279 AMEREX CORP. 4001 contractoo Ali 173114, 173.305 158 Amerex Corporation AMEREX Trunevlite, Al 35173-0081 P.O. Box 81 FAX: 205-856-3279 208-855-3271 January 19, 1998 VIA-FAX & MAIL- 202-386-3753 Director, Office of Hazardous Materials Standards Mr. Edward T. Mazzullo. U.S. DOURSPA [DHM-10] 400 7th Street S. W. Washingłon, DC 20590-0001 SUBJECT: ORM-D Interpretation Dear Sir: a fire extinguisher conforming to 173.309 can be shipped via UPS (highway) as ORM-D? H Could you please give us a formal (written) Interpretation regarding 49CFR173.144 and whether seems to us that ORM-D can be used because: 2. 1. 3. packages and will comply with all restrictions of 173.309. i.e. they will santain less than 241 psig of non-flammable, non-comosive, and non 4. requirements of 173.308 (a). Exceptions are provided in Table 172.101. We need your written interpreration for UPS to accept the above extinguishers as ORM-D at 205-655-3271 or fax 205-655-3279. material. If you have any questions of us, or need any additional information, please contact me Very truly yours, FBG/ja CC: Mr. Paul Polydores - DOT#