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
ISRAEL
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.
Sincerely,
Hattie L. Mitchell, Chief
Regulatory Review and Reinvention
Office of Hazardous Materials Standards
173.306, 173.156