{"operation":"document","citation":"06-0167","title":"Cooper Power Systems, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-08-14","effective_on":null,"summary":"06-0167 response to Cooper Power Systems, Inc. concerning 173.63.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0167.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0167.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0167","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060167.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nHazardous Materials Safety\nPipeline and\nAdministration\nAUG 1 4 2006\nMr. Darren Shequen\nReference No.: 06-0167\nSafety & Environmental Affairs\nDivision Manager\nCooper Power Systems, Inc.\nP. O. Box 1640\nWaukesha, WI 53187-1640\nDear Mr. Shequen:\nThis responds to your letter concerning the packaging exception for cartridges, power\ndevices in § 173.63(b) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-\naccordance with § 173.63(b).\n180). You ask if your company's product may be reclassed and packaged as ORM-D in\nThe answer is no. Cooper Power Systems recently obtained an approval for the device.\nThe approval describes the device as \"Cartridges, power device, UN 0323, 1.4S.\" The\nexception in § 173.63(b) applies specifically to cartridges, power devices (which are used\nto project fastening devices). It is the opinion of this office that the primary function of\nfor the reclassification and packaging exception in § 173.63(b).\nyour product is as a safety device, not as a fastening device. Therefore, it is not eligible\nI trust this satisfies your request.\nSincerely.\nChief, Regulatory Review and Reinvention\nHattie L. Mitchell\nOffice of Hazardous Materials Standards\n173.63(6)\n060167\n\n<<<PAGE 2>>>\n\nCorbin\n3173.6316)\nORM-S\n06-0167\nCOOPER Power Systems\nJune 23, 2006\nMr. Edward Mazzullo\nPipeline and Hazardous Materials Safety Administration\nDirector of Hazardous Materials Standards\n400 7'* Street, SW\nU.S. Department of Transportation\nWashington, DC 20590\nRe: Fastening Device Classified as 1.4S, ORM-D\nDear Mr. Mazzullo:\nAV517Y Isolator.\" PHMSA recently issued Cooper Power Systems an Approval that classified this\nWe request an interpretation on the classification of our product known as the \"Cooper Arrester with\ncopy of the Approval. While we agree with PHMSA's classification, we also believe our arrester is\nparticular arrester as a Cartridge, power device, UN0323, which is a 1.4S explosive. Attached is a\nbelow.\neligible for the ORM-D classification referenced in 49 CFR 173.63(b) for the reasons explained\nArresters\npower industry to protect utilities' electrical distribution systems from the damaging effects of\nHigh voltage surge arresters like the Cooper Arrester with AV517Y Isolator are used throughout the\nlighting. The Cooper Arrester with AV517Y Isolator contains a very small amount (118 mg) of\nend of life event - that is, a short circuit resulting in conduction of system fault current. The isolator\nblack powder in an isolating device (the AV517Y Isolator) that operates only during the product's\nsleeve contains the black powder. When the arrester senses fault current from the power system, it\nconsists of two threaded studs connected by a copper sleeve and encased in plastic. The copper\nactivates the isolator and the black powder separates the two threaded studs, one of which is fastened\nto ground with a lead.\nORM-D Classification for Fastening Devices\nused to project fastening devices\" to be reclassified as ORM-D materials. See 49 CFR 173.63(b).\nThe U.S. hazardous materials regulations (HMR) authorizes \"cartridges, power devices which are\nThe Cooper Arrester with AV517Y Isolator is in fact a fastening device when it is activated and\nHMR.\ntherefore we believe it should be eligible for reclassification as an ORM-D material under the U.S.\nWe recognize the ORM-D classification under 49 CFR 173.63(b) is generally used for fastening\neasier for contractors to ship and transport their materials of trade to work sites. However, there is\ndevices like a nail gun, which also contain a small amount of explosive material. This makes it\nthere is no definition in the U.S. HMR for \"fastening device.\"\nno reference in 49 CFR 173.63(b) that limits \"fastening devices\" to products such as nail guns and\n\n<<<PAGE 3>>>\n\nactivated. And, like nail guns, the Cooper Arrester with AV517Y Isolator needs to be transported\nThe Cooper Arrester with AV517Y Isolator, like a nail gun, operates as a fastening device when it is\nand shipped to thousands of remote work sites throughout the U.S. by our customers in the utility\nSummary and Request for Interpretation\ndevice, UN0323, which is a 1.4S explosive. It utilizes a very small amount (118 mg) of black\nThe Cooper Arrester with AV517Y Isolator has been classified by PHMSA as a Cartridge, power\npowder that operates when it senses fault current from a power system. When activated, the isolator\nand the black powder separate two threaded studs, one of which is fastened to ground with a lead.\nWe are of the opinion that the Cooper Arrester with AV517Y Isolator is eligible for the ORM-D\nclassification referenced in 49 CFR 173.63(b) as a fastening device and request concurrence from\nPHMSA on this classification.\nThank you for your assistance with regard to this matter. If you have any questions please contact\nSystems, PO Box 1640, Waukesha, WI 53187 Attn: Darren Shequen.\nme by phone at (262) 896-2421; by email dshequen(@cooperpower.com or by mail at Cooper Power\nSincerely,\nDaven shegue\nDarren Shequen\nCooper Power Systems Inc.\nDivision Manager Safety and Environmental Affairs\nEnclosures","truncated":false,"body_characters":5177}