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Interpretation Response #09-0304 ([Bioxygen Distribution Corporation] [Mr. Kevin DelGaudio])

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

Interpretation Response Details

Response Publish Date:

Company Name: Bioxygen Distribution Corporation

Individual Name: Mr. Kevin DelGaudio

Location State: NJ Country: US

View the Interpretation Document

Response text:

January 27, 2010




Mr. Kevin DelGaudio

Vice President, Sales

Bioxygen Distribution Corporation

15 American Way, Unit # 12

Spotswood, NJ 08884

Reference No. 09-0304

Dear Mr. DelGaudio:

This responds to your electronic transmission requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts171-180) regarding requirements applicable to the limited quantity and consumer commodity exceptions under § 173.306(a)(1). Specifically, you ask whether you may transport "Oxygen gas, compressed" as a consumer commodity in containers having a maximum capacity of four fluid ounces that are filled to a maximum pressure of 525 psi at 70º F. The products will be transported by ground transportation only.

A limited quantity of "Oxygen, gas compressed" that conforms to § 173.306(a)(1) and is a "Consumer commodity" as defined in § 171.8 of the HMR, may be renamed "Consumer commodity" and reclassed as "ORM-D." There is no restriction on the maximum filling pressure for containers of not more than four fluid ounces capacity. The term "4 fluid ounces capacity" refers to the maximum volumetric capacity of the container, not to the amount of gas that may be placed in the container. Each package must conform to the general requirements in §§ 173.24 and 173.24a, the package marking requirements in § 172.316, and may not exceed 30 kg (66 pounds) gross weight. Additionally, a compressed gas transported as an ORM-D material is eligible for the exceptions provided in § 173.156.

I hope this information is helpful. Please contact this office should you have additional questions.


Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards

173.306(a)(1), 173.24 and 173.24a

Regulation Sections

Section Subject
173.306 Limited quantities of compressed gases