Interpretation Response #03-0016 ([Mr. Tom B. Jacobsen])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name:
Individual Name: Mr. Tom B. Jacobsen
Location State: CO Country: US
View the Interpretation Document
Response text:
Feb 28, 2003
Mr. Tom B. Jacobsen Reference No. 03-0016
0854 West Battlement Parkway, #L108
Parachute, CO 81635
Dear. Mr. Jacobsen:
This is in response to your January 17, 2003 letter and January 24, 2003 telephone calls with a member of my staff asking if environmental gas samples you describe as “Gas sample, nonpressurized, flammable, n.o.s., 2.1, UN 3167,” qualify for the materials of trade (MOTS) exception in § 173.6 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state the samples are composed of a mixture of flammable gas and air (e.g., 10-20% pure methane diluted with 80-90% regular air). You also state you collect them at atmospheric pressure in 3-liter, polyminyl fluoride film “tedlar” bags and transport them by private motor vehicle to a local testing laboratory.
The answer is no. Your proposed packaging does not meet the packaging requirements in § 173.306; therefore, use of your packaging will require an exemption from the HMR. Procedures for submitting an application for exemption are contained in § 107.105 of the HMR. Under § 173.6(a)(2) and (b)(5), to qualify as MOTS the flammable gas sample must be transported in a cylinder with a gross weight of 100 kg (200 pounds) or less that conforms to the packaging, qualification, maintenance, and use requirements for cylinders under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Under Column 8A of the Hazardous Materials Table (§ 172.101), the entry “Gas sample, non-pressurized, flammable, n.o.s., not a refrigerated liquid, 2.1, UN 3167,” provides for transportation in a packaging prescribed in § 173.306. Section 173.306(a)(4) allows non-pressurized flammable gas samples to be transported in hermetically sealed glass or metal inner packagings of not more than 5 L (1.3 gallons) overpacked in a strong outer packaging.
I hope this satisfies your request.
Sincerely,
Hattie L. Mitchell, Chief
Regulatory Review and Reinvention
Office of Hazardous Materials Standards
173.6
Regulation Sections
Section | Subject |
---|---|
173.6 | Materials of trade exceptions |