Interpretation Response #06-0167 ([Cooper Power Systems, Inc.] [Mr. Darren Shequen])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Cooper Power Systems, Inc.
Individual Name: Mr. Darren Shequen
Location State: WI Country: US
View the Interpretation Document
Response text:
Aug 14, 2006
Mr. Darren Shequen Reference No. 06-0167
Division Manager
Safety & Environmental Affairs
Cooper Power Systems, Inc.
P. 0. Box 1640
Waukesha, WI 53187-1640
Dear Mr. Shequen:
This responds to your letter concerning the packaging exception for cartridges, power devices in § 173.63(b) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- 180). You ask if your company’s product may be reclassed and packaged as ORM-D in accordance with § 173.63(b).
The answer is no. Cooper Power Systems recently obtained an approval for the device. The approval describes the device as “Cartridges, power device, UN 0323, 1.4S.” The exception in § 173.63(b) applies specifically to cartridges, power devices (which are used to project fastening devices) It is the opinion of this office that the primary function of your product is as a safety device, not as a fastening device. Therefore, it is not eligible for the reclassification and packaging exception in § 173.63(b).
I trust this satisfies your request.
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
173.63(b)