Safecraft Safety Equipment — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh Street, S.W Pipeline and Hazardous Materials Safety MAR 19. 2005 Administration Mr. Donald E. Warren Ref. No.: 04-0202 VP Engineering Safecraft Safety Equipment 5165 C Commercial Circle Concord, CA 94520 Dear Mr. Warren: This is in response to your request for a clarification of the requirements in § 173.309(a) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state that your company plans to use non-specification stainless steel cylinders as a component in a the delay in responding and any inconvenience it may have caused. Your questions are fire suppression syster for installation in vehicles, primarily race cars. We apologize for paraphrased and answered as follows: Q1. The cylinder will have, at a maximum, a volumetric capacity of 6.1 L (375 cubic inches), an operating pressure of 200 psig, a test pressure of 600 psig at 70° F, and a minimum burst pressure of 1200 psig at 70° F. The extinguishing agent will be an approved water-based surfactant and/or foam. The cylinder may be removed from the vehicle and transported via commercial carrier to a facility for refilling and/or retesting. The cylinder will be in compliance with the Department of Labor's Occupational and Safety Administration (OSHA) retest requirements in 29 CFR 1910.157(e). Does the cylinder comply with the requirements in § 173.309(a) of the HMR? Al. Your cylinder appears to meet the limited quantity requirements contained in § 173.309(a) (3)(1) through (a)(3)(iv). As stated in paragraph (a)(3)(111), a crieder for the tested, eife ion dyin der fail that prior a initial shame, each times its charged pressured at 21° C (70° F). Each fire extinguisher must be marked with the test date and with the words "MEETS DOT REQUIREMENTS" Because your cylinder has a capacity exceeding 900 ml (55 cubic inches), it may not contain any liquefied compressed gas. The extinguishing agent must meet the requirements in Special Provision 18 in § 172.102 of the HMR. Also note that OSHA's retest requirements are contained in paragraphs (e) and (f) in 29 CFR 1910.157. 173.309 040202#

Page 2Q2. If the answer to Ql is yes, may we use a cylinder with a capacity of not more than 18 L (1,100 cubic inches) charged to not more than 1660 kPa (241 psig) at 21°C (70 °F)? Yes, provided the cylinder does not exceed the 18 L (1,100 cubic inches) maximum capacity limitation and is in full conformance with the requirement in § 173.309(a) if the charged cylinder is removed from the vehicle and offered for transportation. Also see §§ 173.24 and 173.29. I hope this information is helpful. Sincerely, Hitle mitche mitchell Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 3Sep 07 04 01:42p SAFECRAFT 9254050311 p. 1 Mitchell SAFECRAFT $173.309 SAFETY EQUIPMENTI fire Extinguishers Fax Msg 202/366-3012 Sheet 1 of 1 04-0202 18 Aug 2004 Attn: Ms. Hattie Mitchell, Chief Regulatory Review and Reinvention DHM-12 Office of Hazardous Materials Standards U.S.DOT, RSPA Re: Request for Confirmation on Requirements of 49 CFR 173.309. Fire Extinguishers Dear Ms. Mitchell: We request a conformity check for a specific fire extinguisher component we intend to manufacture and ship to our customers. It involves a conventional, pressurized, stainless steel cylinder, filled with an approved water-based surfactant and/or foam type agent. The application is for vehicle on-board fire suppression systems, primarily race confusion within the industry. cars. We believe that para. 173.309 is clear enough, but there still seems to be some We believe our question to be simple enough, so it relates to the largest unit we expect to manufacture. Our fundamental question is, "Does the fire extinguisher described below, using a nonspecification cylinder, comply with 173.309(a) ?" 455 DESCRIPTION: 1. Size: Cylinder internal volume- 375 cu. In. (6.1 liters) 2. Pressure: Charged with nitrogen to 200 psig 3. Agent: 4. Test Pressure: 10 Ibs. (277 cu. In.) 6% concentration wetting / foam agent in water 600 psig @70 F 5. Burst Pressure: 1200 psig minimum @ 70 F 6. Marking: Adhesive label (example) PRESSURE TESTED TO 600 PSIG (4240 kPa) 7. Retest: Compliance with OSHA 29 CFR 1910. 157(e) MEETS DOT REQUIREMENTS ( 2004] Comment: We recognize that 173.309(a)(3)(iv) requirements for subsequent shipment (e.g., refill) is for "portable" extinguishers. Our cylinder is a "fixed" extinguisher, but we would abide by the retest requirements cited In closing, if the answer to our question is yes, then we could extend our system capability to 1,100 cu.in. capacity cylinders charged to less than 241 psig @ 70 F, using a water-based agent and non-DOT cylinders. Sincerely, Donald E. Warren, VP Engineering 5165 C Commercial Circle, Concord, CA 94520 ; 1-800/400-2259, Fax 1-925/405-0311#