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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 #06-0233 ([Air-4Life, Ltd.] [Mr. Eric Kimel])

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-4Life, Ltd.

Individual Name: Mr. Eric Kimel

Country: IL

View the Interpretation Document

Response text:

Nov 20, 2006

Mr. Eric Kimel                 Reference No. 06-0233

Air-4Life, Ltd.

P.O. Box 824

Nazareth, Illit 17105


Dear Mr. Kimel:

This is in response to your October 16, 2006 e-mail asking if a non-specification aluminum cylinder with a capacity of four fluid ounces or less is subject to the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and must be a design approved by the Department of Transportation (DOT). You state your company"s cylinder has a volumetric capacity of 95 cubic centimeters (3.21 ounces), a maximum working pressure of 220 bars (3,190 psi), is composed of 7075 high-strength aluminum, and will be used to transport "UN 1072, Oxygen, compressed, 2.2, 5.1" (non-flammable gas, oxidizer). It is our understanding that cylinders meeting this description are not subject to DOT approval and when filled can be shipped without restriction by aircraft, highway, vessel, and rail.

Your understanding is correct that the cylinder"s design does not require DOT approval. However, the filled cylinder must be prepared for transportation and transported in accordance with applicable requirements of the HMR. Under § 173.306(a)(1), a compressed gas placed in a non-specification cylinder with a capacity of four fluid ounces or less may be described and transported as a limited quantity when it conforms with the provisions of this section. This section also excepts a limited quantity from labeling, unless offered for transportation by air, placarding, and specification packaging under the HMR.  Further, the provisions in § 173.306(a)(1) and (h) specify that a limited quantity that conforms to § 173.306 (a)(1) and meets the definition of a consumer commodity under § 171.8 may be renamed "Consumer commodity" and reclassed "ORM-D." A compressed gas transported as an ORM-D material is eligible for the exceptions provided in §§ 173.156 and 173.306(h).

I hope this information is helpful.


Hattie L. Mitchell, Chief

Regulatory Review and Reinvention

Office of Hazardous Materials Standards

173.306, 173.156

Regulation Sections

Section Subject
173.156 Exceptions for limited quantity and ORM
173.306 Limited quantities of compressed gases