URS Corporation — Hazardous Materials Safety Interpretation

Page 1- Washington, D.C. 20590 400 Seventh St., S.W. FEB - 5 2002 Mr. Andrew N. Romach Regulatory Manager Ref. No. 01-0224 URS Corporation P.O. Box 13000 Research Triangle Park, NC 27709 Dear Mr. Romach: 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 (HIMR; 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 subchapter. 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, Dubmitzizo Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards 172.103 010224#

Page 2FROM: RADIAN INTERNATIONAL FAX NO.: 9194611371 68-27-81 82:33P P.01 URS Boothe August 27, 2001 3173.302. Applicability 01-02244 FAX: (202) 366-3012 Dear Mr. Mazzullo: I am writing to you to request a written regulatory interpretation concering the most appropriate noncorrosive material, but now empty of its fire extinguishing materials and at atmospheric hazard classification for a fire extinguisher, previously charged with a nonflammable, nontoxic, pressure. The fire extinguisher still retains its originally installed actuating cartridge that allowed quick relcase of the firc extinguishing materials. "''Actrestos?" In association with the proper shipping name "Fire Extinguisher" listed in the Hazardous Materials Table in 49 CFR 173.101, Special Provision 110 in column (7) states that: 110 Cartridges containing 3.2 grams or less of deflagrating (propellant) explosives installed in a fire extinguisher are not subject to the requirements of this subchapter. Even though the fire extinguishor is now empty of its fire extinguishing material and no longer meets the hazard criteria for a Division 2.2 compressed gas, would the fire extinguisher still be able to take advantage of the exception in Special Provision 110 and be shipped as not subject to the HAZMAT rogulations? I appreciate your consideration of this matter. Date? Regulatory Manager URS Corporation P.O. Box 13000 URS Corporation Research Triengle Park, NC 27709 Morrisville, NC 27560 1600 Perimeter Park Drive Fax: 919.461.1415 Tel: 919.461.1100#