Interpretation Response #08-0255 ([Tyco Safety Products] [Mr. Richard Seaburg])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Tyco Safety Products
Individual Name: Mr. Richard Seaburg
Location State: WI Country: US
View the Interpretation Document
Response text:
May 19, 2009
Mr. Richard Seaburg
Quality Assurance Manager
Tyco Safety Products
One Stanton Street
Marinette, WI 54143-2542
Ref. No. 08-0255
Dear Mr. Seaburg:
This responds to your October 6, 2008 letter requesting clarification of the fire extinguisher requirements in § 173.309 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state your company manufactures cylinders under the exception in § 173.309 for fire extinguishers and provided data sheets and drawings. The cylinders are filled with a pressurized wet chemical extinguishing agent (potassium carbonate solution). You ask if the cylinders meet the requirements in § 173.309 for fire extinguishers.
The answer is no. The requirements in § 173.309 are applicable to cylinders used as portable fire extinguishers. According to the data sheets and drawings you submitted, your non-DOT specification cylinders are fitted with fusible links, have no nozzles, and are designed for use as fixed fire suppression systems. When transported, each cylinder must be described with the name of its compressed gas contents followed by the qualifying word "mixture" or "solution" as appropriate. See § 172.101(b)(1). The potassium carbonate extinguishing agent is not a regulated material and, therefore, not subject to the HMR. The outside package must be properly marked and labeled in accordance with Part 172. Your company may be interested in applying for a special permit under the procedures in 49 CFR 107.105.
We apologize for the earlier misinformation regarding the transportation of these cylinders. Please contact us if you require additional assistance.
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
173.309
Regulation Sections
| Section | Subject |
|---|---|
| 173.309 | Fire extinguishers |