{"operation":"document","citation":"08-0185","title":"EHS Associates, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-12-23","effective_on":null,"summary":"08-0185 response to EHS Associates, Inc. concerning 173.222, 173.56.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0185.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0185.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0185","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080185.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMr. Daniel J . Young\nPresident\nEHS Associates. Inc.\n330 1 Bentwillow Drive\nFuquay-Varina, NC 27526\nRef. No. 08-0185\nDear Mr. Young:\nThis responds to your letter regarding the approval of explosives under the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 17 1- 180). Specifically, you ask whether your\nclient's product (surge arresters) containing a small amount (2.8 grams) of a Division 5.1,\nPacking Group I1 hazardous material (potassium chlorate). is excepted from the explosive\napproval process prescribed in 8 173.56. Additionally, it is your understanding that the\nnegligible risk posed by your client's product in transportation should except it from the HMR\nunder the conditions described in your letter.\nUnder 173.56(i) of the HMR, the Associate Administrator for Hazardous Materials Safety\nmay specify a classification or except an explosive material from the requirements of the\nHMR. We agree with your client's assessment that because there is no explosion when the\nsurge arrester is activated, and the surge arrester can only be activated by a high-level of\npredetermined electric current. the product is not subject to the explosive approval and\nclassification process under 9 173.56. We find, however, that your client's product would\nmore appropriately be described as \"Dangerous goods in apparatus, Class 9, UN3363,\" and\npackaged in accordance with $ 173.222. Under Special provision 136 assigned to the entry\n\"Dangerous goods in apparatus,\" in column 7 of the Hazardous Materials Table, the small\nquantity of potassium chlorate (2.8 rams) in each surge arrester qualifies for the small\nquantity exceptions found in 3 173.4 and. when packaged in accordance with $ 173.222, is\nexcepted from the HMR.\n[ tnlst this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\nDirector\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nve vevls\nEHS ASSOCIATES, INC. 3 17 3 5 6\n3301 Bentwillow Drive, Fuquay- Varitia, NC 27526 (919) 552-6978\nMay 7,2009\nMr. Paul Shelton\nOffice of Hazardous Materials Safety\nPHH-32\nPipeline and Hazardous Materials Safety Administration\nU.S Department of Transportation\n1200 New Jersey Avenue SE\nWashington, DC 20590\nDear Mr. Shelter,:\nI represent a client who would like to obtain PHMSA,authorization, or approval under 49\nCFR 173.56 if necessary, to ship surge arresters that contain 2.8 grams of potassium\nchlorate as DOT non-regulated devices without restrictions. We believe that the devices\nare not capable of posing an unreasonable risk to health, safety and property when\ntransported in commerce.\nThe surge arresters contain a disconnector which holds 2.8 grams of potassium chlorate.\nThe potassium chlorate is located inside a sealed plastic housing which prevents moisture\nfrom entering the device and surrounds a resistor within the disconnector. If the surge\narrester develops an internal fault when it is installed on an electrical power line and the\ncurrent level flowing through the surge arrester/disconnector arrangement exceeds a\ndesign threshold, the potassium chlorate powder is heated by the resistor and expands.\nThe resistor concentrates the heat from the high fault current on the power line and\ncauses the potassium chlorate to rapidly expand and release gases at a temperature of\nabout 300°C. The gases rupture the plastic housing around the device, separating the top\nand bottom end fittings of the disconnector and electrically disconnects the faulted surge\narrester from the power line so that power is restored quickly to the affected customers.\nThe only known way that the disconnector activates is by passing a high electrical current\nthrough the device. There is no risk of the device activating during a transportation or\nhandling accident or fire. My client has tested the device by placing it in a fire next to a\ntraditional cartridge-type disconnector that contains a gunpowder charge (see enclosed\nDVD). The surge arrester on the left in the Test 1 and Test 2 videos is manufactured by\nCooper Power Systems (Cooper Arrester with AV 144Y Isolator and Restraint). This\nsurge arrester is subject to a DOT approval which allows the firm to ship the devices as\n\"Not Regulated.\" The surge arrester on the right in the Test 1 and Test 2 videos is the\nsurge arrester manufactured by my client.\nThe Cooper Power Systems surge arrester explodes in the fire with a sound level of about\n99 - 105 dBA being recorded at a distance of 20 feet for the samples that were tested.\n\n<<<PAGE 3>>>\n\nMy client's surge arrester does not explode, but at a temperature of 160 - 1 70°C, the\nplastic housing melts and only a fizzing sound is heard (see Test 3 video). As there is no\nexplosion, we believe that the device can be safely shipped via all modes of\ntransportation in the United States without restrictions or restraints. The surge arresters\nwould be cushioned, packaged and shipped in strong outside packagings.\nI would like to receive a letter of authorization or interpretation from PHMSA indicating\nthat the surge arrester that I have described may be skipped within the United States via\nall modes of transportation without restrictions. Please contact me at (919) 552-6878 or\nat EHSDan521@aol.com if you need further information about this request. Thank you\nfor your assistance with this question.\nSincerely,\n(9&%4&/4, yu\\Pd,&\nDaniel J. Young\nPresident\nPage 2","truncated":false,"body_characters":5521}