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Interpretation Response #21-0084

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

Interpretation Response Details

Response Publish Date:

Company Name: Koorsen Fire & Security

Individual Name: Brick Keltner

Location State: IN Country: US

View the Interpretation Document

Response text:

September 23, 2021

Mr. Brick Keltner
Corporate Trainer Shop
Koorsen Fire & Security
2820 N. Webster
Indianapolis, IN  46219

Reference No. 21-0084

Dear Mr. Keltner:

This letter is in response to your August 4, 2021, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to fire suppression systems classified as fire extinguishers. Specifically, you reference the final rule published on December 28, 2020, titled "Hazardous Materials: Miscellaneous Amendments Pertaining to DOT-Specification Cylinders" [HM-234; 85 FR 85380].

We have paraphrased and answered your questions as follows:

Q1. You ask whether cylinders that are classified as fire extinguishers when installed in fire suppression systems must be requalified exclusively in accordance with § 180.209(j).

A1. The answer is no. A cylinder that meets that definition of a fire extinguisher—as defined in the introductory text to § 173.309—may follow the requalification periods in § 180.209(j) for fire extinguishers. Alternatively, the cylinder may be requalified in accordance with any of the other eligible requalification periods that the cylinder meets in § 180.209.

Q2. You ask what the effective date is for the HM-234 final rule.

A2. The HM-234 final rule became effective on January 27, 2021. However, compliance with the amendments adopted in the HM-234 final rule is required beginning December 28, 2021.

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

173.309, 180.209, 180.209(j)

Regulation Sections