{"operation":"document","citation":"21-0084","title":"Koorsen Fire & Security — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2021-09-23","effective_on":null,"summary":"21-0084 response to Koorsen Fire & Security concerning 173.309, 180.209.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0084.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0084.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0084","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/75941/210084.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nSeptember 23, 2021\nMr. Brick Keltner\nCorporate Trainer Shop\nKoorsen Fire & Security\n2820 N. Webster\nIndianapolis, IN 46219\nReference No. 21-0084\nDear Mr. Keltner:\nThis letter is in response to your August 4, 2021, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to fire suppression systems\nclassified as fire extinguishers. Specifically, you reference the final rule published on\nDecember 28, 2020, titled “Hazardous Materials: Miscellaneous Amendments Pertaining to\nDOT-Specification Cylinders” [HM-234; 85 FR 85380].\nWe have paraphrased and answered your questions as follows:\nQ1. You ask whether cylinders that are classified as fire extinguishers when installed in fire\nsuppression systems must be requalified exclusively in accordance with § 180.209(j).\nA1. The answer is no. A cylinder that meets that definition of a fire extinguisher—as defined\nin the introductory text to § 173.309—may follow the requalification periods in\n§ 180.209(j) for fire extinguishers. Alternatively, the cylinder may be requalified in\naccordance with any of the other eligible requalification periods that the cylinder meets in\n§ 180.209.\n\n<<<PAGE 2>>>\n\nQ2. You ask what the effective date is for the HM-234 final rule.\nA2. The HM-234 final rule became effective on January 27, 2021. However, compliance\nwith the amendments adopted in the HM-234 final rule is required beginning\nDecember 28, 2021.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nGeller\n21-0084\nFrom: Patrick, Eamonn (PHMSA)\nTo: Hillman, Kenetha CTR (PHMSA)\nCc: Dodd, Alice (PHMSA); DerKinderen, Dirk (PHMSA); Foster, Glenn (PHMSA)\nSubject: FW: Formal Interpretations\nDate: Monday, August 9, 2021 9:55:15 AM\nGood morning Kenetha,\nPlease check in the below email as a request for interpretation. Let me know if you have any\nquestions, thanks!\n-Eamonn\nFrom: Brick Keltner <Brick.Keltner@koorsen.com>\nSent: Wednesday, August 04, 2021 12:38 PM\nTo: Patrick, Eamonn (PHMSA) <eamonn.patrick@dot.gov>\nSubject: Formal Interpretations\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or\nopen attachments unless you recognize the sender and know the content is safe.\nMr. Eamonn, I would like a Formal Interpretation on the new ruling of the Fire Extinguisher\ndefinition in 49 CFR 173.309.\nWe service wet chemical kitchen hood suppression systems as well as dry chemical suppression\nsystems that are manufactured by Amerex, Ansul, Pyro-chem & Kiddee/Badger. Both stored\npressure & cartridge activated types.\nI have a few questions in regards to this rule change.\n1. Fire Suppression System cylinders are to be classified as Fire Extinguishers per DOT\nchange in 173.309 and meet the requirements of 173.309 (a). The notice I recieved also\nsays for the “purpose of Transportation”. How does this change effect 180.209 (j)(1)(ii)(A),\nwhich states - By proof pressure test. A requalification must be performed by the end of\nthe 12 years after the original test date an at 7-year intervals . Is this new change going to\nrequire 12/7 testing on these types of cylinders like other F/E’s?\n2. Also what is the effective date of the new rule?\nThank you for any information that you can give me. Brick Keltner, Koorsen Fire & Security\nReferences:\nNAFED Notice:\n\n<<<PAGE 4>>>\n\nThe U.S. Department of Transportation has made a major revision to CFR 49 Section 173.309\nFire Extinguishers. The revision was made to the opening section which describes what the US\nDOT classifies as fire extinguishers. This DOT description is not based on product use, NFPA, or\nother fire-related definitions. The DOT regulates the manufacturing, testing, and transportation of\nwhat it describes as fire extinguishers.\nThis revision makes pre-engineered and engineered fire extinguishing system cylinders \"fire\nextinguishers\" for transportation purposes. With this being the case, pre-engineered and\nengineered system cylinders would be required to be marked, labeled, and entered on the\nshipping papers as Fire Extinguisher, UN1044, Hazard Class 2.\nCFR 49 §173.309 Fire extinguishers.\nThis section applies to portable fire extinguishers for manual handling and operation, fire\nextinguishers for installation in aircraft, fire extinguishers for installation as part of a fire\nsuppression system, and large fire extinguishers. Fire extinguishers for installation as part of a fire\nsuppression system include cylinders charged with either a compressed gas and an extinguishing\nagent or a gas which comprises the sole fire extinguishing agent in the system. A fire extinguisher\ndoes not include cylinders pressurized with a gas for purposes of expelling a separately stored\nextinguishing agent in the fire suppression system. Large fire extinguishers include fire\nextinguishers mounted on wheels for manual handling; fire extinguishing equipment or machinery\nmounted on wheels or wheeled platforms or units transported similar to (small) trailers; and fire\nextinguishers composed of a non-rollable pressure drum and equipment, and handled, for\nexample, by fork lift or crane when loaded or unloaded. Cylinders filled with a compressed gas\nwhose purpose is to expel a separately stored extinguishing agent may not be transported under\nthis section when offered for transportation or transported apart from a suppression system.\nCFR 49 §180.209 Requirements for requalification of\nspecification cylinders\n(j)(1)(ii)(a) For a cylinder having a water capacity over 5.44 kg (12 pounds), by the water-\njacket, direct expansion or proof pressure test methods as prescribed in CGA C-1. For the water-\njacket or direct expansion test, the requalification must be performed by the end of 12 years after\nthe original test date and at 12-year intervals thereafter. For the proof-pressure test, a\nrequalification must be performed by the end of 12 years after the original test date and at seven\n(7) year intervals.\nBrick Keltner | Corporate Trainer Shop\nKOORSEN FIRE & SECURITY\n2820 N Webster, Indianapolis, IN 46219\nP 317.225.4785 | Ext. 8593 | M 317.491.5675\nBrick.Keltner@koorsen.com | www.koorsen.com\n\n<<<PAGE 5>>>\n\nFIRE SAFE VALVE\nSP 12412 authorizes the discharge of liquid hazardous materials of Class 3, PG II or PG III with a flashpoint of\nless than 100° F, from UN/DOT IBCs without removing the IBCs from the vehicle transporting them as long\nas the IBCs confirm to the outlet requirement in 178.275(d)(3) or 178.345-11. Precision IBC’s Fire Safe valve\nmeets CFR 178.345-11 not only providing an external stop-valve that is thermally activated at a temperature\nnot over 250° F but also includes the manually operated ball valve as well as the dust cap.\nFEATURES:\n•\n•\n•\n•\n•\n•\n•\n•\n•\nStainless steel ball valve\nStainless steel actuator spring\nStainless steel fusible link set to activate\nat not more than 250° F\nBlow out proof stem design\n100% test air under water at 100psi\nWorking pressure 1,000psi WOG\nTemperature range -60° to 450° F\nPositive seal in the closed position\nEnd types: NPT threaded\nBENEFITS:\n•\n•\n•\n•\n•\n•\n•\nEconomical and affordable, no need to\npurchase special order tank\nFlexible, can be added to standard IBCs\nRetro fits to all your side discharge IBCs\nand most center discharge IBCs\nMinimal required maintenance\nNo bolts to be torqued after each fill\nSpring loaded auto shut off\nValve does not add significant weight\nallowing you to ship more of your product\nDrawings provided for visual purposes only. Actual installation may be different.\nJAN ‘18\nBelieve in better service. PRECISIONIBC.COM\nBROUSSARD, LA\n888.805.1247\nFAIRHOPE, AL\n800.544.7069\n\n<<<PAGE 6>>>\n\nCASE STUDY: FIRE SAFE RETROFIT VALVE\nCOST EFFECTIVE, WEIGHT SAVING,\nFLEXIBLE, DOT SP 12412 COMPLIANT\nCUSTOMER’S CHALLENGE:\nIn December of 2005 the U.S. Department of Transportation changed the regulation governing the discharge\nof liquid hazardous materials from the back of a motor vehicle in Intermediate Bulk Containers (IBCs) and\nDOT Specification 57 portable tanks. The new special permit, SP 12412, detailed that any IBC or Specification\n57 portable tank that contains a liquid hazardous product of Class 3, Packaging Group II, or Packaging Group\nIII with a flash point of less than 100 F must have an automatic thermal activated safety valve installed.\nPRECISION IBC’S SOLUTION:\nPrecision IBC successfully negotiated a 6 month extension to SP 12412 while a solution could be developed\nthat met the special permits requirements. After evaluating different options and discussing with customers,\nPrecision IBC determined that the safest and most cost effective solution to meet the requirements of the\nspecial permit was a fire safe valve. The benefit of the fire safe valve is that it can be retrofitted to existing\nIBC fleets, rental or customer owned. This solution differed markedly from other approaches followed in the\nindustry, the most notable example being the expensive cargo tank.\nVALUE GENERATED:\nThe decision to adopt a retrofit fire safe valve solution as opposed to the more expensive cargo tank\nsolution represented an affordable, cost effective and flexible solution for Precision IBC’s customers.\nThe retrofit fire safe valve provides key benefits to the customer not found using other solutions:\n• \u0007 Flexibility - The fire safe valve can be retrofitted to all side discharge and most center discharge tanks.\nDepending on the application and the IBC, the fire safe valve retrofit has the potential to make any IBC\na “pump off” tank.\n• \u0007 Affordability - The cost of purchasing a fire safe valve that can be added to an existing IBC fleet as\nopposed to purchasing a dedicated cargo tank represents a tremendous savings for the end user.\nA fire safe valve is approximately 12x less expensive than a cargo tank.\n• \u0007 Shipping/Handling - Due to IBC weight requirements and restrictions while in transit, the heavier the IBC,\nthe less product that can be shipped. Precision IBC’s fire safe valve does not represent a significant weight\nincrease as opposed to the heavier cargo\ntank which is approximately 150 lbs heavier\nthan a standard tank.\n• \u0007 Safety - The fire safe valve is an automatic\nemergency shut off valve. Once the fusible\nlink melts the valve shuts off, there is no\nrequirement to manually pull a lever on\nthe tank as there is with the cargo tank.\nThe fire safe valve is installed in-line with\nthe discharge assembly so there are no\nspecial bolts that must be torqued down\nafter each discharge — another requirement\nwith the cargo tank.\nDrawings provided for visual purposes only.\nActual installation may be different.\nBelieve in better service. PRECISIONIBC.COM\nBROUSSARD, LA\n888.805.1247\nFAIRHOPE, AL\n800.544.7069","truncated":false,"body_characters":10952}