Interpretation Response #18-0054
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
November 15, 2018
Director of Sales & Product Development
721 Richard Street
Miamisburg, OH 45342
Reference No. 18-0054
Dear Mr. Schmitz:
This letter is in response to your April 6, 2018, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to U.S. Department of Transportation (DOT) specification pressure vessel requirements. Specifically, you ask for confirmation that your client's proposed cylinder as described below does not require DOT specification packaging or marking.
You provide the following information:
- The cylinder is permanently affixed to the device and can only be disassembled using special tools at the place of manufacturing.
- The device will only be shipped when the cylinder is empty.
- The cylinder is never sold or shipped separately from the device.
- When the device is filled by the consumer, it will only be filled with air or nitrogen.
- The cylinder will be marked with the manufacturer's "M" code.
Provided the cylinder is shipped with a gauge pressure less than 29 psig, the device would not meet the definition of a Division 2.2 material in § 173.115(b). If the device does not meet the definition of a hazardous material, it would not be subject to the requirements of the HMR, including those for specification packaging or marking. However, if the cylinder is filled and in commerce it would be subject to the requirements of the HMR including specification packages, marking, and labeling.
I hope this information is helpful. Please contact us if we can be of further assistance.
T. Glenn Foster
Chief, Regulatory Review, and Reinvention
Standards and Rulemaking Division
|Class 2, Divisions 2.1, 2.2, and 2.3-Definitions