Cooper Power Systems, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington, D.C. 20590 400 Seventh Street, S.W. Hazardous Materials Safety Pipeline and Administration AUG 1 4 2006 Mr. Darren Shequen Reference No.: 06-0167 Safety & Environmental Affairs Division Manager Cooper Power Systems, Inc. P. O. Box 1640 Waukesha, WI 53187-1640 Dear Mr. Shequen: This responds to your letter concerning the packaging exception for cartridges, power devices in § 173.63(b) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- accordance with § 173.63(b). 180). You ask if your company's product may be reclassed and packaged as ORM-D in The answer is no. Cooper Power Systems recently obtained an approval for the device. The approval describes the device as "Cartridges, power device, UN 0323, 1.4S." The exception in § 173.63(b) applies specifically to cartridges, power devices (which are used to project fastening devices). It is the opinion of this office that the primary function of for the reclassification and packaging exception in § 173.63(b). your product is as a safety device, not as a fastening device. Therefore, it is not eligible I trust this satisfies your request. Sincerely. Chief, Regulatory Review and Reinvention Hattie L. Mitchell Office of Hazardous Materials Standards 173.63(6) 060167#

Page 2Corbin 3173.6316) ORM-S 06-0167 COOPER Power Systems June 23, 2006 Mr. Edward Mazzullo Pipeline and Hazardous Materials Safety Administration Director of Hazardous Materials Standards 400 7'* Street, SW U.S. Department of Transportation Washington, DC 20590 Re: Fastening Device Classified as 1.4S, ORM-D Dear Mr. Mazzullo: AV517Y Isolator." PHMSA recently issued Cooper Power Systems an Approval that classified this We request an interpretation on the classification of our product known as the "Cooper Arrester with copy of the Approval. While we agree with PHMSA's classification, we also believe our arrester is particular arrester as a Cartridge, power device, UN0323, which is a 1.4S explosive. Attached is a below. eligible for the ORM-D classification referenced in 49 CFR 173.63(b) for the reasons explained Arresters power industry to protect utilities' electrical distribution systems from the damaging effects of High voltage surge arresters like the Cooper Arrester with AV517Y Isolator are used throughout the lighting. The Cooper Arrester with AV517Y Isolator contains a very small amount (118 mg) of end of life event - that is, a short circuit resulting in conduction of system fault current. The isolator black powder in an isolating device (the AV517Y Isolator) that operates only during the product's sleeve contains the black powder. When the arrester senses fault current from the power system, it consists of two threaded studs connected by a copper sleeve and encased in plastic. The copper activates the isolator and the black powder separates the two threaded studs, one of which is fastened to ground with a lead. ORM-D Classification for Fastening Devices used to project fastening devices" to be reclassified as ORM-D materials. See 49 CFR 173.63(b). The U.S. hazardous materials regulations (HMR) authorizes "cartridges, power devices which are The Cooper Arrester with AV517Y Isolator is in fact a fastening device when it is activated and HMR. therefore we believe it should be eligible for reclassification as an ORM-D material under the U.S. We recognize the ORM-D classification under 49 CFR 173.63(b) is generally used for fastening easier for contractors to ship and transport their materials of trade to work sites. However, there is devices like a nail gun, which also contain a small amount of explosive material. This makes it there is no definition in the U.S. HMR for "fastening device." no reference in 49 CFR 173.63(b) that limits "fastening devices" to products such as nail guns and#

Page 3activated. And, like nail guns, the Cooper Arrester with AV517Y Isolator needs to be transported The Cooper Arrester with AV517Y Isolator, like a nail gun, operates as a fastening device when it is and shipped to thousands of remote work sites throughout the U.S. by our customers in the utility Summary and Request for Interpretation device, UN0323, which is a 1.4S explosive. It utilizes a very small amount (118 mg) of black The Cooper Arrester with AV517Y Isolator has been classified by PHMSA as a Cartridge, power powder that operates when it senses fault current from a power system. When activated, the isolator and the black powder separate two threaded studs, one of which is fastened to ground with a lead. We are of the opinion that the Cooper Arrester with AV517Y Isolator is eligible for the ORM-D classification referenced in 49 CFR 173.63(b) as a fastening device and request concurrence from PHMSA on this classification. Thank you for your assistance with regard to this matter. If you have any questions please contact Systems, PO Box 1640, Waukesha, WI 53187 Attn: Darren Shequen. me by phone at (262) 896-2421; by email dshequen(@cooperpower.com or by mail at Cooper Power Sincerely, Daven shegue Darren Shequen Cooper Power Systems Inc. Division Manager Safety and Environmental Affairs Enclosures#