Interpretation Response #04-0202 ([Safecraft Safety Equipment] [Mr. Donald E. Warren])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 03/09/2005

Company Name: Safecraft Safety Equipment

Individual Name: Mr. Donald E. Warren

Location State: CA Country: US

View the Interpretation Document

Response text:

Mar 9, 2005

Mr. Donald E. Warren                Reference No. 04-0202

VP Engineering

Safecraft Safety Equipment

5165 C Commercial Circle

Concord, CA 94520

Dear Mr. Warren:

This is in response to your request for a clarification of the requirements in § 173.309(a) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state that your company plans to use non-specification stainless steel cylinders as a component in a fire suppression system for installation in vehicles, primarily race cars. We apologize for the delay in responding and any inconvenience it may have caused. Your questions are paraphrased and answered as follows:

Q1.      The cylinder will have, at a maximum, a volumetric capacity of 6.1 L (375 cubic inches), an operating pressure of 200 psig, a test pressure of 600 psig at 70° F, and a minimum burst pressure of 1200 psig at 70° F. The extinguishing agent will be an approved water-based surfactant and/or foam. The cylinder may be removed from the vehicle and transported via commercial carrier to a facility for refilling and/or retesting. The cylinder will be in compliance with the Department of Labor"s Occupational and Safety Administration (OSHA) retest requirements in 29 CFR 1910.157(e). Does the cylinder comply with the requirements in § 173.309(a) of the HMR?

Al.        Your cylinder appears to meet the limited quantity requirements contained in § 173.309(a) (3)(i) through (a)(3)(iv). As stated in paragraph (a)(3)(iii), a criterion for these non-specification cylinders is that prior to initial shipment, each cylinder must be tested, without evidence of failure or damage, to at least three times its charged pressured at 210 C (70° F). Each fire extinguisher must be marked with the test date and with the words "MEETS DOT REQUIREMENTS". Because your cylinder has a capacity exceeding 900 ml (55 cubic inches), it may not contain any liquefied compressed gas. The extinguishing agent must meet the requirements in Special Provision 18 in § 172.102 of the HMR. Also note that OSHA"s retest requirements are contained in paragraphs (e) and (f) in 29 CFR 1910.157.

Q2.      If the answer to Q1 is yes, may we use a cylinder with a capacity of not more than 18 L (1,100 cubic inches) charged to not more than 1660 kPa (241 psig) at 21°C (70 °F)?

A2.      Yes, provided the cylinder does not exceed the 18 L (1,100 cubic inches) maximum capacity limitation and is in full conformance with the requirement in § 173.309(a) if the charged cylinder is removed from the vehicle and offered for transportation. Also see § 173.24 and 173.29.

I hope this information is helpful.

Sincerely,

Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards

173.309

Regulation Sections