Interpretation Response #01-0224 ([URS Corporation] [Mr. Andrew N. Romach])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: URS Corporation
Individual Name: Mr. Andrew N. Romach
Location State: NC Country: US
View the Interpretation Document
Response text:
February 5, 2002
Mr. Andrew N. Romach Reference No. 01-0224
Regulatory Manager
URS Corporation
P.O. Box 13000
Research Triangle Park, NC; 27709
Dear Mr. Rornach:
This responds to your August 27, 2001 letter requesting clarification on the applicability of Special Provision 110 in § 172.102 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) regarding your empty fire extinguisher. Specifically, you ask whether your empty fire extinguisher which still contains the explosive actuating cartridge may be shipped as unregulated material under Special Provision 110 in the HMR.
According to your letter your empty fire extinguisher was previously charged with a nonflammable, nontoxic, noncorrosive material. However, the empty fire extinguisher still retains its originally installed explosive actuating cartridge that allowed quick release of the fire extinguishing materials. The proper shipping description “Fire extinguisher charges, expelling, explosive” refers you to “Cartridges, power device” listed in the Hazardous Materials Table in § 172.101. Special Provision 110 in column (7) for that description states that cartridges containing 3.2 grams or less of deflagrating (propellant) explosives installed in a fire extinguisher are not subject to the requirements of this subehapter.
It is the opinion of this Office that the empty fire extinguisher with the explosive actuating cartridge attached is regulated under the HMR as an explosive device, and, therefore, Special Provision 110 does not apply. Before being offered for transportation, the explosive actuating device must be approved by the Associate Administrator for Hazardous Materials Safety as specified in § 173.56. An empty fire extinguisher with the explosive actuating cartridge removed is not subject to the HMR.
I hope this answers your inquiry.
Sincerely,
Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials Standards
172.102
Regulation Sections
| Section | Subject |
|---|---|
| 172.102 | Special provisions |