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Interpretation Response #03-0078 ([Innovative Solutions & Technologies, L.L.C.] [Mr. Mike Lely])

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

Interpretation Response Details

Response Publish Date:

Company Name: Innovative Solutions & Technologies, L.L.C.

Individual Name: Mr. Mike Lely

Location State: MT Country: US

View the Interpretation Document

Response text:

May 13, 2003


Mr. Mike  Lely               Reference No. 03-0078                    
Innovative Solutions & Technologies, L.L.C.
2304 North 7th Avenue
Suite C 4
Bozeman, MT 59715

Dear Mr. Lely:

This responds to your March 5, 2003 letter requesting classification of your fire-starting product for outdoor emergency or recreational use under the Hazardous Materials Regulations (HMR; 49 CFR 171-180).  Specifically, you are requesting assistance in classifying your new product under the HMR.

According to your letter, you are developing a fire-starting product for outdoor emergency or recreational use.  The product consists of a small plastic container about 1" in diameter and 3/4" tall, filled with 0.38 cubic inches of combustible material and an electronic igniter enclosed with a heat sealed lid.  You currently sell a small portable hand crank generator that is used for powering small electronic devices.  This generator is used to supply the power to ignite this fire starter also.  The igniter in the fire starter has two 6" wire leads that are coiled up under the lid seal- The seal is first opened and the loads are unwound and attached to the generator cable alligator clips.  Power is then supplied from the generator to the igniter and the combustible material bums at about 3000 degrees F for about 30 seconds.  The combustible material is a mixture of 0.19 cubic inches of Orion road flare material and 0.19 cubic inches of Hodgdon pyrodex.  The mixture is saturated with nitrocellulose lacquer and airdried to solidify the mixture.  The tungsten filament igniter is placed on the top of the mixture before airdrying and is adhered to the mixture after it dries.  A polyethylene lid is then heat sealed to the top to enclose the product prior to retail packaging.

Section 173.22 requires that the shipper properly class and describe the hazardous material in accordance with parts 172 and 173 of the HMR.  This Office does not perform that function.  Based on the information provided in your letter and enclosed material safety data sheets, your firestarting product contains an explosive propellant with an igniter that may be a “new” explosive or pyrotechnic device under the HMR.  New explosives must be examined by an approved person or agency and assigned a recommended shipping description, division and compatibility group based on the tests and criteria prescribed in §§ 173.52, 173.57 and 173.58.
A list of agencies that are authorized to examine and test explosives is enclosed for your information.

In accordance with § 173.56, a person requesting approval of a new explosive must submit to the Associate Administrator a report of the examination and assignment of a recommended shipping description, division, and compatibility group.  If the Associate Administrator finds the approval request meets the regulatory criteria, the new explosive will be approved in writing and assigned an EX number.

I hope this answers your inquiry.



Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials Standards



Regulation Sections

Section Subject
173.22 Shipper's responsibility