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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 #08-0239 ([Thermo Fisher Scientific Customer Channels Group] [Mr. Gene Sanders])

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

Interpretation Response Details

Response Publish Date:

Company Name: Thermo Fisher Scientific Customer Channels Group

Individual Name: Mr. Gene Sanders

Location State: PA Country: US

View the Interpretation Document

Response text:

January 27, 2009

Mr. Gene Sanders

Senior Dangerous Goods

Transportation Specialist

Thermo Fisher Scientific

Customer Channels Group

2000 Park Lane

Pittsburgh, PA 15275

Ref. No. 08-0239

Dear Mr. Sanders:

This responds to your letter regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to a product that contains a non-pressurized gas that is non-flammable and non-toxic but exhibits oxidizing properties. You also ask whether the gas meets the definition of a Division 5.1 "oxidizer" under § 173.127(a).

Under § 173.115(b), the definition of a Division 2.2 non-flammable, non-poisonous compressed gas includes oxidizing gases. This definition includes additional qualifying criteria such as the material must exert in the packaging an absolute pressure of 280 kPa (40.6 psia) or greater at 20 °C (68 °F). The gas in your product does not exert the minimum pressure required to meet the definition of a Division 2.2 material.

Under § 173.127(a), an oxidizing material, or, "oxidizer," must meet the definition of either a solid or liquid at the time it is offered for transportation. Although the gas in your product may yield oxygen, it does not meet the definition of a Division 5.1 material.

Based on the information you provided, it is the opinion of this Office that your product is not subject to the HMR.

I hope this information is helpful. Please contact us if we can be of further assistance.


Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards

173.127, 173.115(b)

Regulation Sections

Section Subject
173.115 Class 2, Divisions 2.1, 2.2, and 2.3-Definitions
173.127 Class 5, Division 5.1-Definition and assignment of packing groups