Interpretation Response #15-0094 ([Viking Packaging] [Mr. Les Adolph])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Viking Packaging
Individual Name: Mr. Les Adolph
Location State: OK Country: US
View the Interpretation Document
Response text:
September 10, 2015
Les Adolph
Viking Packaging
5505 North Bird Creek Ave.
Catoosa, OK 74015
Ref. No. 15-0094
Dear Mr. Adolph:
This responds to your e-mail of March 19, 2015 requesting clarification on the packaging requirements applicable to life-saving appliances under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you have asked if a life-saving appliance with a compressed oxygen cylinder would require an outer packaging that meets the flame penetration and thermal protection standards set forth in §§ 173.302(f)(3)(ii) and 173.302(f)(4), respectively, when shipped by air.
The answer is yes. Under § 173.219(b), life-saving appliances containing Division 2.2 compressed or liquefied gases, such as compressed oxygen, "must be packaged in cylinders in accordance with the requirements of this subchapter [the HMR]." It is the opinion of this Office that the language in § 173.219(b) requires a life-saving appliance with a compressed oxygen cylinder to be packaged in an outer packaging that meets both the flame penetration and thermal protection standards. In particular, per § 173.302(f)(3)(ii), the cylinder must be placed in a rigid outer packaging that is capable of passing the Flame Penetration Resistance Test in Appendix E to part 178. Per § 173.302(f)(4), the cylinder and the outer packaging must be capable of passing the Thermal Resistance Test specified in Appendix D to part 178.
I hope this answers your inquiry. If you need additional assistance, please contact this Office again.
Sincerely,
Dirk Der Kinderen
Acting Chief, Standards Development Branch
Standards and Rulemaking Division
173.302(f)(3)(ii), 173.302(f)(4), 173.219(b), 178