Interpretation Response #15-0041 ([Bombardier (Aerospace)] [Mr. Jeff Christafore])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Bombardier (Aerospace)
Individual Name: Mr. Jeff Christafore
Location State: WV Country: US
View the Interpretation Document
Response text:
Jeff Christafore
Dangerous Goods Compliance Specialist
Bombardier (Aerospace)
2400 Aviation Way
Bridgeport, WV 26330
Ref. No. 15-0041
Dear Mr. Christafore:
This responds to your March 3, 2015 e-mail requesting clarification on the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to life-saving appliances. In your e-mail, you describe a small cylinder carrying "UN1072, Oxygen, compressed," a Division 2.2 compressed gas, which you have suggested could be incorporated in an "oxygen box assembly" for purposes of use on a passenger aircraft, and subsequently re-classified as "UN3072, Life-saving appliances, not self-inflating," a Class 9 hazardous material. You have also provided a schematic diagram of the assembly. Your questions are paraphrased and answered as follows.
Q1. Can compressed oxygen contained in a cylinder manufactured according to DOT-SP 14399 and incorporated in the above described assembly be re-classified as "UN3072, Life-saving appliances, not self-inflating"?
A1. Under § 173.22, it is the shippers responsibility to classify a hazardous material. This Office does not normally perform this function. However, based on the information provided, it is the opinion of this Office that the assembly could be re-classified as "UN3072, Life-saving appliances, not self-inflating" provided that the assembly as configured during transportation is intended to perform a life-saving function.
Q2. You state that the cylinder, which would form part of the life-saving appliance, is manufactured according to a special permit (i.e., DOT-SP 14399). Is the shipper required to identify the special permit on the outer package and prepare copies of the special permit for the carrier?
A2. Yes. Section 172.301(c) requires the outside of each package authorized by a special permit to be durably marked "DOT-SP" followed by the special permit number assigned. The special permit in question does not waive this requirement. In addition, under § 173.22a(c), "...the offeror shall furnish a copy of the current exemption or special permit to the carrier before or at the time a shipment is tendered." Further, in DOT-SP 14399, paragraph 10, modal requirements, states, "A current copy of this special permit must be carried aboard each cargo vessel, aircraft or motor vehicle used to transport packages covered by this special permit. The shipper must furnish a copy of this special permit to the air carrier before or at the time the shipment is tendered."
Compressed oxygen contained in a cylinder manufactured according to DOT-SP 14399 would need to comply with the provisions under § 173.302(f)(3), (4), and (5) (Thermal Resistance Test, Flame Penetration Test, and marking requirements) when transported by aircraft. If a DOT-SP 14399 cylinder containing compressed oxygen is re-classed as "UN3072, Life-saving appliances, not self-inflating," it would still be required to comply with § 173.302(f)(3), (4), and (5) as the requirements in § 173.219(b)(1) provide that "Division 2.2 compressed or liquefied gases must be packed in cylinders in accordance with the requirements of this subchapter [C]".
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