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Interpretation Response #15-0234 ([GBLTSC Inc. an ENCISO Industries Co.] [Mr. Oscar Enciso])

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

Interpretation Response Details

Response Publish Date:

Company Name: GBLTSC Inc. an ENCISO Industries Co.

Individual Name: Mr. Oscar Enciso

Location State: FL Country: US

View the Interpretation Document

Response text:

May 5, 2016

Oscar Enciso
GBLTSC Inc. an ENCISO Industries Co.
1551 NW 82 Avenue
Doral, FL 33126

Reference No. 15-0234

Dear Mr. Enciso:

This responds to your November 20, 2015 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether the contents of an emptied oxygen cylinder are subject to the HMR as a hazardous material.

No. In accordance with § 173.115(b), a Division 2.2 gas is a non-flammable, non-poisonous compressed gas that includes compressed gas, liquefied gas, pressurized cryogenic gas, compressed gas in solution, asphyxiant gas, and oxidizing gas (emphasis added). Therefore, the contents of a non-pressurized cylinder (a cylinder that exerts a gauge pressure of less than 200 kPa at 20 °C) that previously contained a Division 2.2 gas, including one with an oxidizer subsidiary hazard, no longer meets the definition of a Division 2.2 gas and is not subject to the requirements of the HMR. However, if a cylinder is marked to represent that it has been manufactured to a DOT specification or UN Standard in Part 178, it is still subject to all applicable requirements of Part 178 and continuing qualification and maintenance requirements of Part 180.

I trust this satisfies your inquiry. Please contact us if we can be of further assistance.



Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division

173.115(b), 178

Regulation Sections

Section Subject
173.115 Class 2, Divisions 2.1, 2.2, and 2.3-Definitions