Senior Mechanical Engineer — 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 DEC 1 8 2m:~ Mr. Mark Fazzio Senior Mechanical Engineer UTC Aerospace Systems 4200 Airport Drive Wilson, NC 27896 Ref. No.: 12-0213 Dear Mr. Fazzio: This is in response to your September 11, 2012 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CPR Parts 171-180) as they pertain to UN1 044, fire extinguishers. In your letter you describe two, DOT specification 39 cylinders with a volumetric capacity of 11.7 ( cu in) and 19.6 ( cu in) and an operating pressure of 1225 psi. It is your understanding that these cylinders should be shipped as UN1 044, fire extinguisher. The HMR do not authorize the use of DOT specification 39 cylinders as UN1044, fire extinguishers. When transported, each cylinder must be described with the name of its compressed gas contents and the outside package must be properly marked and labeled in accordance with Part 172. The requirements for shipping fire extinguishers are found in§ 173.309. Paragraph (a) of this section permits the use of non-specification cylinders charged with a limited quantity of compressed gas to not more than 241 psig. Such fire extinguishers are excepted from labeling, unless shipped by aircraft and the specification packaging requirements when shipped under the conditions described in§ 173.309(a)(1) through (a)(3). If the requirements of§ 173.309(a) cannot be met, a DOT specification 3A, 3AA, 3E, 3AL, 4B, 4BA, 4B240ET, or 4BW (§§ 178.36, 178.37, 178.42, 178.46, 178.50, 178.51, 178.55, and 178.61) cylinder must be used in accordance with§ 173.309(b). I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, ~~t!+ Senior Regulatory Advisor Standards and Rulemaking Division --------------- ----------- --------#

Page 2Fire Protection Systems UTC Aerospace Systems 4200 Airport Dr. Wilson, NC 27896 +1 252 246 7910 Fax: +1 252 246 8415 Mark.fauio@utas.utc.com www.utcaerospacesystems.com Mark Fazzio Senior Mechanical Engineer, Fire Extinguishing Products 0 UTC Aerospace Systems Lear0 ~}73·30'1 ~ f72./DZ Fir-e fx-l-,n3uishers /2- OZ./3 September 11, 2012 Associate Administrator for Hazardous Material Safety Pipeline and Hazardous Materials Safety Administration U.S. Department of Transportation East Building 1200 New Jersey Avenue, SE Washington, D.C. 20590-0001 Attention: Special Permits, PHH-31 Subject: Interpretation of 49 CFR 173.309 and 172.1 02 Dear Sir/Madam: Kidde Aerospace & Defense (KAD), a company of UTC Aerospace Systems- Fire Protection Systems, is requesting interpretation of the 49 CFR 173.309 and 172.1 02. The interpretation request is related to specification 39 (49 CFR 178.65} pressure vessels, KAD part numbers 474617 and 474618. The design specifications of these cylinders are provided below. PIN 474617 PIN 474618 Volume, cu.in. 11.7 19.6 Charge Pressure, psig @ 70F 1225 1225 ! Identification Number UN1044 UN1044 I Hazardous Materials Fire Extinguisher containing 1 Description compressed gas ! Actuation Device Cartridge, power device The hazardous material description and proper shipping name per 49 CFR 172.101 is "Fire Extinguisher''. As such, the packaging authorizations per columns SA, 88 and 8C of the hazardous materials table indicate that in addition to the requirement of 49 CFR 173.24 and 49 CFR 178.65, that the requirements of 49 CFR 173.309 also apply. KAD's interpretation of 49 CFR 173.309 and its sub parts are as follows: 173.309(a)- Applies: the subject part numbers are not exempt from labeling as the extinguishers are charged to 1200 psig. 173.309(a)(1)- Applies: Agent is nonflammable, nonpoisonous and noncorrosive. 173.309(a)(2)- Applies: The extinguishers are shipped as an inner packaging.#

Page 3Fire Protection Systems UTC Aerospace Systems 4200 Airport Or. WHson, NC 27896 +1 252 246 7910 Fax: +1 252 246 8415 Mark.fazzio® utas.utc.com www.utcaerospacesystems.com Mark Fazzio Senior Mechanical Engineer, Fire Extinguishing Products () UTC Aerospace Systems 173.309(a)(3)(i, ii, iii, iv)- Does not apply: Requirements are for non-specification cylinders only. The units are designed to spec. 39. 173.309(a)(4)(i, !i, iii)- Does not apply: Only applies to specification 2P & 20. 173.309(b)- Does not apply: Identifies additional specifications which are acceptable and is not a fully inclusive list. Other specification and non-specification cylinders are acceptable provided they meet the requirements of 173.309(a}. In addition, KAD's interpretation of special provisions for fire extinguishers listed in the hazardous materials table of 49 CFR 172.101 identifying 49 CFR 172.1 02 paragraphs 18 and 11 o are as follows. Special provision 18 - Does not apply: Only applicable to fire extinguishers listed in 173.309(b). Special Provision 11 0 - Applies: Permits the use of a cartridge, power device of Division 1.4C or 1.4S with quantity of explosives less than 3.2 grams to be included with each fire extinguisher without changing the classification. Please advise if these are accurate interpretations of 49 CFR 173.309 and 172.201, as well as UN1 044 as the appropriate identification number. Thank you, ?JI ~-· / IJ~L<.A Mark Fazzio#