{"operation":"document","citation":"03-0001","title":"Summit Environmental Corporation, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-04-08","effective_on":null,"summary":"03-0001 response to Summit Environmental Corporation, Inc. concerning 173.306.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0001.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0001.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0001","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030001.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nSpecial Programs\nResearch and\nWashington, D.C. 20590\nAdministration\nAPR -8 2003\nCEO\nMr. Keith Parker\nRef No. 03-0001\nSummit Environmental Corporation, Inc.\n133 E Tyler Street\nLongview, TX 75601\nDear Mr. Parker:\nThis is in response to your letter dated December 17, 2002 regarding the proper shipping description\nfor your material FirePower 911™ under the Hazardous Materials Regulations (HMR; 49 CFR Parts\n171-180). In your letter you stated that your product is a fire extinguisher in an aerosol can, and meets\nthe limited quantity provisions in section 173.306(a)(3) and conforms to the consumer commodity\nprovision in section 173.306(b). Therefore, you believe that the most appropriate shipping description\nfor your product is \"Aerosols, non-flammable\" and that it can be renamed and reclassed as \"Consumer\nCommodity, ORM-D.\" You provided supporting test documentation and a sample package of the\nFirePower 911™M for our review.\nAs provided in 49 CFR 173.22, it is the shipper's responsibility to properly classify a hazardous\nmaterial and assign a proper shipping name from the Hazardous Materials Table (HMT). Such\ndeterminations are not performed by this Office. However, based upon the information and the\npackaging you provided, it is the opinion of this Office that \"Aerosols, 2.2 (non-flammable gas)\" most\nappropriately describes your product FirePower 911™ and it also meets the consumer commodity\nprovision in § 173.306(h). Thus, FirePower 911™M may be renamed \"Consumer Commodity\" and\nreclassed as an ORM-D.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nDelmer F.\nChief, Regulations Development\nOffice of Hazardous Materials Standards\n173.306\n030001\n\n<<<PAGE 2>>>\n\nSummit Environmental Corporation, Inc.\nWebb\nOTC: BB SEVT\n$173.306\nConsumer Commodity\nDecember 17, 2002\nMr. Edward T. Mazzulo, Director\n03-0001\nUS DOT/RSPA (DHM-10)\nOffice of Hazardous Materials Standards\n400 7* Street SW\nWashington DC 20590\nDear Sir,\nRe: Request for Formal Interpretation\nOur company, Summit Environmental Corporation, owns the tradename to a most\nunique product and device. The name of this product is FirePower 911™,\nkind in the world. It is a fire extinguisher not housed in the traditional schematic, but in\nThe unique nature of this product is that it is a product which is the only one of its\nan aerosol can.\nWhat makes it even more unique is its contents, FlameOut®. Our company owns\nthe patent and intellectual property rights to the formulas and technology. FlameOut®\nwas the first certified and listed replacement by the United States Environmental\nProtection Agency for the banned firefighting agent Halon 1211. This global banning\naction was taken at the 1992 Geneva Peace Conference due to the toxicity and ozone\napproved by this US-EPA Clean Air Act protocol called SNAP.\ndepleting characteristics of Halon. There have only been seven products permanently\nAfter the SNAP listing, FlameOut® was tested and certified by the United States\nTesting Service as non-toxic, non-corrosive and rapidly biodegradable. In 1997,\nFlameOut® was listed by Underwriters Laboratories for both Class A and B fires. Within\nthe NFPA 18 standard, FlameOut® possesses UL162 approval which establishes the\nproduct as an encapsulation and emulsification agent for all types of fuels. In December\ncertifying the product as a replacement agent for Halon on board commercial aircraft. On\n2001, certification for FlameOut® was listed in a publication from the US DOT/FAA\nNovember 25, 2002, the final processing for FlameOut® began by the United States\nForestry Service. This listing carries a similar mammalian toxicity certification as\nconducted by United States Testing Service Aquatic Listing in 1993.\nAll of this information is intended as support for our position that we and\nBioGenesis Enterprises have been under the assumption that the more appropriate\nflammable.\nclassification for FirePower 911™M aerosol fire extinguisher is as an aerosol non-\nBio-Genesis Enterprises, Inc. is the company from which Summit purchased the\npatents, intellectual property rights, and trademarks. Dr. Mohsen Amiran, President/CEO\nof BioGenesis is the inventor and patent holder for that which is contained herein above.\n133 E Tyler Street - Longview TX 75601 - (903) 758-0551 • 800-522-7841 • fax. (903) 758-1903\nwww.secl-us.com\nHeater 1211;\n\n<<<PAGE 3>>>\n\npage 2 of 3\nIt is the belief of BioGenesis and Summit that the classification most appropriate\nfor Firepower 911™ is aerosol, non-flammable. After extensive meetings with United\nParcel Service, they hold the same belief as is documented by the letters attached hereto.\nOur classification understanding is based upon the following application of the\nsection 173.306 as follows:\nrequirements. The product meets all of the criteria for said description. Referring to\n(3) When in a metal container for the sole purpose of expelling a non-poisonous\nliquid, paste or powder, provide all of the following conditions are met. Special\nthis section.\nexceptions, for shipment of aerosols in the ORM-D class are provided in paragraph (h) of\nthe following: (to wit section (3)(a))\nReference above (3) FlameOut®, the contents of the FirePower 911™M can is a \"non-\npoisonous liquid\". (h) The FirePower 911™ container filled weighs 34 ounces.\n1 Liter can.\nSection (3)(i) Capacity must not exceed 50 cubic inches (1 Liter). FirePower 911™M is a\nSection (3)(ii) Pressure in the container must not exceed 180 psig at 130°F. The pressure\nfor FirePower 911™M can ranges between 71 psig and 78 psig. ... In any event, the\n\" metal container must be capable of withstanding without bursting a pressure of one and\none-half times the equilibrium pressure of the content at 130°F. The FirePower 911™M\ncan is of 2Q quality and possesses capability of 420 psig bursting specification.\nSection (3)(iil) Liquid content of the material and gas must not completely till the\nNo\ncontainer to 130 F. Firelower 911'M contains 23.7 ounces of (FlameOut® land 5\nounces of 134-A propellant.\nSection (3)(iv) The package must be packed in strong outside packagings. Each can is\npacked in a cardboard container with the content wrapped in bubble wrap. (sample\ncontained herein).\nSection (3)(v) Each completed container filled for shipment must have been heated until\nthe pressure in the container is equivalent to the equilibrium pressure of the content at\n1999 certification letter.\n130°F (55°C) without evidence of leakage, distortion, or other defect. See October 13,\nSection (3)(vi) Each outside packaging must be marked \"INSIDE CONTAINERS\nCOMPLY WITH PRESCRIBED REGULATIONS\" (See sample contained herein.)\nConsumer Commodity means a material that is packaged and distributed in a form\nintended or suitable for sale through retail agencies or instrumentalities for consumption\nby individuals for the purposes of personal care or household use. This term also includes\ndrugs and medicines. FirePower 911™M is designed for both personal care and\nhousehold use. It is designed as an immediate response tool for a skillet fire, a\nlawnmower, barbecue pit, pile of leaves, a curtain, Christmas tree or any other\nemergency spot fire. The proposed retail sale presentation for the purposes of the\ncommunication is via QVC, Inc.\n\n<<<PAGE 4>>>\n\npage 3 of 3\nDue to the content of certifications, specifications and applications of the DOT\nstatutes herein, we are seeking a confirmation from your organization of same, aerosol\na sample package and can of FirePower 911™.\nnon-flammable. We offer support documentation for the above as attachment hereto and\nService supporting our classification. These documents have been provided previously tr\nAdditionally we are enclosing two letters previously received from United Parcel\nQVC, Inc. and were prepared for this purpose at our request by United Parcel Service\nherein, please do not hesitate to give me a call.\nShould you have any questions or seek any additional support in order for support\nSincerely,\nHouse\nKeith Parker\nCEO","truncated":false,"body_characters":8065}