Hydro-Test Products, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 JUN 2 5 2012 Mr. Tom Sauta Hydro-Test Products, Inc. 85 Hudson Road Stow, MA 01775 Ref. No. 12-0087 Dear Mr. Sauta: This responds to your April 4, 2012 request for clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). In your letter, you state that cylinder retesters are confused in regard to the definition of a fire extinguisher under § 180.2090). This section references Special Provision 18 in§ 172.102(c)(1). Special Provision 18 provides certain conditions that a cylinder and extinguishing agent must meet for the combination to be used as a fire extinguisher, but the special provision does not provide a charged pressure limit for the cylinder. Specifically, you provide two scenarios involving slightly different DOT 4B specification cylinders and ask if they would meet the criteria to be requalified as a fire extinguisher under§ 180.209(j). The scenarios that you provide are restated below: Scenario 1. A cylinder marked with DOT4B500 filled with a dry chemical extinguishing powder agent, Moo-Ammonium phosphate and pressurized with 350 psi of dry Nitrogen with a dew point of minus 52°F or lower. The cylinder has a water capacity of 18 pounds. The cylinder is used as part of a pre-engineered fixed fire extinguishing system. This is not being used as a hand operated portable fire extinguisher. Scenario 2. Same as Scenario 1, but with a water capacity of 10 pounds. Based on the information in your letter and provided that the cylinders that you describe comply with DOT 4B specification requirements, Special Provision 18, and other applicable requirements under the HMR (e.g., as specified in§ 173.301(f) the cylinders must be fitted with a pressure relief device system), they meet the criteria in § 180.209(j) to be requalified as fire extinguishers. The cylinder with water capacity of 10 pounds must be requalified in accordance with § 180.209(j)(l )(i), and, the cylinder with water capacity of 18 pounds must be requalified in accordance with§ 180.209(j)(l)(ii). I hope this answers your inquiry. If you need additional assistance, please call this office at (202) 366-8853. Sincerely, T~a_/L:;-- Robert Benedict Chief, Regulations Development Branch Standards and Rulemaking Division#

Page 2Bo<::>+~e.. Page 1 ofl April 4, 2012 Mr. Charles E. Betts Director, Standards and Rulemaking Division U.S. DOT/PHMSA (PHH-10) 1200 New Jersey Avenue, SE East Building, 2nd Floor Washington, DC 20590 ~ ~ ~ f7 2. 102 SP IS ~l80· 20~ (j) §173·30'1 1 .. -ho~ (Jf a.-· ~-re fx+,A3l.fi5kr \ 'L -OOS7 Re: Request for written interpretation There is confusion in the cylinder retest industry about the definition of a fire extinguisher. § 180.209G) Cylinder used as fire extinguisher, references back to Special Provision 18 in§ 172.102(c)(1), which does gives a definition of what a fire extinguisher is but does not address any charged pressure limits. Please provide an answer to the following question pertaining to the re-qualification of the following cylinder specification; Cylinder #1: DOT4B500 specification, filled with a dry chemical extinguishing powder agent, Man- Ammonium phosphate and pressurized with 350 psi of dry Nitrogen with a dew point of -52°F or lower. The cylinder has a water capacity of 18Lbs. The cylinder is used as part of a pre-engineered fixed fire extinguishing system. This is not being used as a hand operated portable fire extinguisher. Cylinder #2: Same as above but with a water capacity of 10 Lbs of water. Questions is: Do these cylinders meet the criteria to be requalified as fire extinguishers under § 180.209(j) ? Thank you for your immediate attention to this question and I look forward to your reply. Best Regards, .fo,., S111v !111 Tom Santa Hydro-Test Products.Inc. IJ'IIIIJI)WflllfiRI; l!o,...,. .... n ••••• H-vdro-Tesr Producrs Inc. 851! udmn .RtJad StfJuJ, Massachwetts 01775 USA Tel: ll00-225-94881 J?IJ-897-4647 Fu: J713-897-1J42 UJflJNI.~ftl!rt. «1m Email: sales@hydro-test.com Direct email: tom@hydro-test.com#