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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #00-0286 ([Air Products and Chemicals, Inc.] [Mr. J. H. DiGirolamo])

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

Interpretation Response Details

Response Publish Date:

Company Name: Air Products and Chemicals, Inc.

Individual Name: Mr. J. H. DiGirolamo

Location State: PA Country: US

View the Interpretation Document

Response text:

October 13, 2000

 

Mr. J. H. DiGirolamo                          Reference. No. 00-0286
Distribution Department
Air Products and Chemicals, Inc.
7201 Hamilton Boulevard
Allentown, PA 18195-3475

Dear Mr. DiGirolamo:

This is in response to your October 10,-2000 letter regarding the return of foreign made cylinders to the US for refilling under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).
Specifically you ask whether a foreign made cylinder containing only the residue of a Division 2.2 (nonflammable gas) with a Division 5.1 (oxidizer) subsidiary hazard may be transported into the US as empty if the pressure in the cylinder does not exceed 40.6 psia.

The answer is yes, provided all the requirements of § 173.29(b) are met.  The provision in
§ 173.29(b)(2)(iv)(B) which states that a packaging containing a Division 2.2 nonflammable gas with no subsidiary hazard with an absolute pressure less and 40.6 psia is not regulated does not pertain to your shipment because the pressure in the cylinder you describe is so low that the subsidiary (oxidizer) hazard is not posed.

I hope this information is helpful.

 

Sincerely,

 

Thomas G. Allan
Senior Transportation Regulations Specialist
Office of Hazardous Materials Standards

173.29

Regulation Sections

Section Subject
173.29 Empty packagings