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Interpretation Response #07-0070 ([Fire Protection Certification] [Mr. Edward O"Brien])

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

Interpretation Response Details

Response Publish Date:

Company Name: Fire Protection Certification

Individual Name: Mr. Edward O"Brien

Location State: MD Country: US

View the Interpretation Document

Response text:

May 8, 2007

 

Mr. Edward O’Brien                 Reference No. 07-0070
President, Fire Protection Certification
8719 Pete Wiles Road
Middletown, MD 21769

Dear Mr. O’ Brien:

This is in response to your March 27, 2007 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to fire extinguishers. Specifically, you ask if the non-specification fire extinguisher included with your written request meets the requirements of § 173.309.

The answer is no, the fire extinguisher does not conform to the provisions in § 173.309 and, when charged, may not be offered for transportation in commerce. Section 173.309(a)(3) provides that a non-DOT specification cylinder made after 1976 and used as a fire extinguisher must meet the specified requirements and be marked with the wording “MEETS DOT REQUIREMENTS”. As stated in paragraph (a)(3), this marking is a certification that the fire extinguisher was manufactured in accordance with the specified requirements. The fire extinguisher included with your written request does not contain the certification marking.

I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.

Sincerely,

 

Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials, Standards

173.309

Regulation Sections

Section Subject
173.309 Fire extinguishers