{"operation":"document","citation":"07-0139","title":"Strike First Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-11-19","effective_on":null,"summary":"07-0139 response to Strike First Corporation concerning 173.309.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0139.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0139.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0139","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070139.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\npipeline and Hazardous\nMaterials Safety\nAdministration\nMs. Angie Williams\nVice-President\nStrike First Corporation\n85 Hudson Road\nStow, Massachusetts 0 1775\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nRef. No.: 07-0 139\nDear Ms. Williams:\nThis is in response to your June 28,2007 letter and subsequent e-mail correspondence from\nyour Chief Operations Officer regarding the fire extinguisher requirements in 5 173.309(a) of\nthe Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1-1 80).\nYou reference our May 8,2007 response (Ref. # 07-0070) to Edward 0' Brien, of Fire\nProtection Certification, in which we stated your company's fire extinguisher submitted to us\nfor review does not conform to the provisions in 5 173.309(a) and, when charged, may not be\noffered for transportation in commerce. We also stated the non-DOT specification fire\nextinguisher does not display the marking \"MEETS DOT REQUIREMENTS\" which is a\ncertification that the fire extinguisher was manufactured in full conformance with the\nprescribed requirements.\nIn your letter you acknowledged that your company's fire extinguishers did not contain the\ncertification marking. However, you stated that you are providing a label containing the\ncertification marking to your clients for application to the fire extinguishers. Further, we were\ninformed by Mr. Randal Joyner, Chief Operations Officer with your company, that the fire\nextinguishers will be full compliance with all requirements in 4 173.309(a) upon applying the\ncertification marking. Based on this additional information, we agree that your company's fire\nextinguishers would be in full compliance with 5 173.309(a) after affixing the \"MEETS DOT\nREQUIREMENTS\" marking and, therefore, may be offered for transportation in commerce.\nI hope this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\ncc: Mr. Edward O'Brien\n\n<<<PAGE 2>>>\n\nWILLIAMS BRaTHERS PAGE 02/02\nJune 28,2007\nHydro-Test Ihroducts, hc.\n85 Hudson Road\nStow, Massachusetts 01775\nRE: May 8,2007 - LETI'F,R OF INTERPRETATION CONCERNING THE\nTRANSPORTATION AND FILLING OF STRIKE FIRST FIRE\nEXTINGUISaERS\nDear Sirhladam:\nIt has come to out attention that yau posted on your website a letter dated May 8,2007\nfrom the US Department of Transportation to E d m d O'Brien of Fire Protection\ncertification, stating that our fie extinguishers do not c o n f m to the provision in 49\nCFR Sec. 173,309. We have been made aware by the Department of Transportation that\nalthough none ofpur 2.5 lb., 51b., or 101b. ABC fire extinguishers exceeds 241 psi, we\nare required to pl& a sticker on each cylinder that states, \"'Meets DOT Requirements.\"\nFor the record, we have addressed this situation and all of our fire extinguishers will now\nhave that sticker applied and we will provide stickers to our distributors to apply to fie\nextinguishers in the field Based on our conversations with DOT, this action is sufficient\nto address the situation.\nThis action now makes the information contained in your posted letter of May 8,2007 on\nyaw website, as referenced above, both inaccurate and obsolete. In the interest of\nproviding your readership with the most accurate and current information available, we\nrespectfully request that you either kindly remove that letter from your website, post this\nletter in addition tithat letter or at the very least, add an Editor's Note stating that Strike\nFirst Corporation of America is now in complete compliance with the Department of\nTransportation regulation 49 CFR Sec. 173.309.\nThank you for your immediate attention.\nAngie Williams\nVice-President\nStrike First Corporation of America\nCc: Mr. Edward O'Brien, Presidmt, Fixe Ptotection Certification\nMs. Hattie L. Mitchell, Chief, Regulatory Review and Reinvention, DOT","truncated":false,"body_characters":3942}