Interpretation Response #03-0033 ([Nebraska State Patrol] [Bradley A. Wagner, Sergeant])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 11/26/2003

Company Name: Nebraska State Patrol

Individual Name: Bradley A. Wagner, Sergeant

Location State: NE Country: US

View the Interpretation Document

Response text:

Nov 26, 2003

Bradley A. Wagner, Sergeant                Ref. No. 03-0033
Carrier Enforcement Division
Nebraska State Patrol
P.O. Box 94907
Lincoln, Nebraska 68509-4907

Dear Sergeant Wagner,

This responds to your February 12, 2003, letter requesting clarification on § 173.29 of the Hazardous Materials Regulations (HMR; 49 CFR Parts l71-180} regarding the shipment of cylinders previously containing pharmaceutical grade oxygen. We apologize for the delay and hope it has not caused you any inconvenience. Specifically, you ask to what extent these empty oxygen cylinders must be purged (see l7;3.29(b )(2)(ii) to be excepted from the HMR.

Oxygen is a Division 2.2 non-flammable gas and as such is only subject to the regulations when the pressure in the cylinder equals or exceeds 280 kPa (40.6 psia) at 20° C (see § l73.1l5(b)(1)). Therefore, under § 173.29(b )(2)(ii), a Division 2.2 non-flammable gas, other than ammonia, anhydrous, and with no subsidiary hazard, at an absolute pressure less than 280 kPa (40.6 psia) is not subject to the HMR. For cylinders containing oxygen and other Division 2.2 non-flammable gases, if the pressure in the cylinder is 280 kPa (40.6 psia) or greater, the material is subject to all applicable HMR requirements. For a partially emptied cylinder containing a Division 2.2 non¬flammable gas, the cylinder is fully regulated if the pressure in the cylinder is 280 kPa (40.6 psia) or greater, regardless of the quantity of gas remaining in the cylinder.

The HMR define "residue" to mean the hazardous material remaining in a packaging after its contents have been unloaded to the maximum extent possible. "Unloaded to the maximum extent possible" means that the hazardous material has ceased to flow out of the packaging's unloading device. Generally, empty packagings containing a residue of a hazardous material must be transported in the same manner as when they previously held a greater quantity of the material, unless the packagings are sufficiently cleaned and purged of vapors to remove any potential hazards, or are refilled with a material that is not subject to the HMR. However, in accordance with § 173 .29( c), a non-bulk packaging containing only the residue of a hazardous material
covered by Table 2 of § 172.504 when collected and transported by a contract or private carrier for reconditioning, remanufacture or reuse is excepted from the shipping paper and placarding requirements.

I hope this answers your inquiry.

Sincerely,

Susan Gorsky
Senior Transportation Regulations Specialist
Office of Hazardous Materials Standards

173.29

Regulation Sections