Tyco Safety Products — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave. S.E. Washington, D.C. 20590 Mr. Richard Seaburg Quality Assurance Manager Tyco Safety Products One Stanton Street Marinette, WI 54143-2542 Ref. No. 08-0255 Dear Mr. Seaburg: This responds to your October 6,2008 letter requesting clarification of the fire extinguisher requirements in 5 173.309 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- 180). You state your company manufactures cylinders under the exception in 5 173.309 for fire extinguishers and provided data sheets and drawings. The cylinders are filled with a pressurized wet chemical extinguishing agent (potassium carbonate solution). You ask if the cylinders meet the requirements in 6 173.309 for fire extinguishers. The answer is no. The requirements in !j 173.309 are applicable to cylinders used as portable fire extinguishers. According to the data sheets and drawings you submitted, your non-DOT specification cylinders are fitted with fusible links, have no nozzles, and are designed for use as fixed fire suppression systems. When transported, each cylinder must be described with the name of its compressed gas contents followed by the qualifying word "mixture" or "solution" as appropriate. See 172.101(b)(l). The potassium carbonate extinguishing agent is not a regulated material and, therefore, not subject to the HMR. The outside package must be properly marked and labeled in accordance with Part 172. Your company may be interested in applying for a special permit under the procedures in 49 CFR 107.105. We apologize for the earlier misinformation regarding the transportation of these cylinders. Please contact us if you require additional assistance. Sincerely, d Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 2Fire Suppression & Building Products Ansul Inc. 1 Stanton St. Marineffe, WI 54 143 Tele: 715-735-741 1 Fax: 7 15- 732-34 72 Interoffice Memorandum This correspondence may contain confidential information intended for the use of Lhe ind~idual or entity to whom it is addressed. If me reader is not me intended recbient or the em~lovee or aaentres~onsible tu deliver m me inrendedreciDienc you are hereby nofifiedmat w y dissemination for co~yine is . - . ~. .- - str/ctly prohibited. Date Oct. 6, 2008 To Edward Mauullo Office of Hazardous Materials Standards, Pipeline and Hazardous Material Safety Administration, Attn: PH-10, U.S. Dept. Washington, DC 20590-0001 From Copy Subject Richard Seaberg Brad Goldapske, Lyne Demers, Eric Bretl Interpretation of 49 CFR 173.309 Edward Your name was given to us when we called DOT for information on 173.309. We would like to have an interpretation on the subject par 173.309(a) of 49 CFR. We manufacture a couple cylinders under this exception for Fire Extinguishers and are getting confiding reviews. We contacted Don Hilts with DOT in May of 2005 and his statement was as long as the cylinder meets the requirements of 173.309(a) we were in compliance with the exception. We have since contracted with a consultant ,that is stating we are not in compliance with the standard. I have attached the data sheet and drawings for your review as we would like clarification. Please let me know if you need any additional information. Thank you, / Richard Seaberg Quality Assurance Manager#