Interpretation Response #04-0042 ([Ocenco Incorporated] [Mr. Michael B. Kay])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Ocenco Incorporated
Individual Name: Mr. Michael B. Kay
Location State: WI Country: US
View the Interpretation Document
Response text:
May 26, 2004
Mr. Michael B. Kay Reference No. 04-0042
Ocenco Incorporated
LakeView Corporate Park
10225 82nd Avenue
Pleasant Prairie, WI 53158-5801
Dear Mr. Kay:
This is in response to your February 26, 2004, letter regarding the applicability the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to a used breathing apparatus. Based on the information provided, each apparatus contains a cylinder of compressed oxygen and a scrubber with lithium hydroxide. Once used, the pressure of the oxygen is less than 40 psia and the scrubber is filled with non-hazardous material. Specifically, you ask if your package containing the described used breathing apparatus would be considered empty as specified in § 173.29(b) and therefore not subject to the HMR.
The answer is yes: Your package of a used breathing apparatus containing non-pressurized oxygen and a non-hazardous material would be considered empty as specified-in 173.29(b). Therefore, it is not subject to the HMR.
I hope this satisfies your request.
Sincerely,
John A. Gale
Standards Development
Office of Hazardous Materials Standards
173.29
Regulation Sections
| Section | Subject |
|---|---|
| 173.29 | Empty packagings |