Air Products and Chemicals, Inc. — Hazardous Materials Safety Interpretation

Page 1400 Seventh St., S.W. Washington, D.C. 20590 dministratio OCT 13 2000 Mr. J. H. DiGirolamo Ref. No: 00-0286 Distribution Department Air Products and Chemicals, Inc. 7201 Hamilton Boulevard Allentown, PA 18195-3475 Dear Mr. DiGirolamo: This is in response to your October 10, 2000 letter regarding the return of foreign made cylinders to the US for refilling under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically you ask whether a foreign made cylinder containing only the residue of a Division 2.2 (nonflammable gas) with a Division 5.1 (oxidizer) subsidiary hazard may be transported into the US as empty if the pressure in the cylinder does not exceed 40.6 psia. The answer is yes, provided all the requirements of § 173.29(b) are met. The provision in § 173.29(b)(2)(iv)(B) which states that a packaging containing a Division 2.2 nonflammable gas with no subsidiary hazard with an absolute pressure less and 40.6 psia is not regulated does not pertain to your shipment because the pressure in the cylinder you describe is so low that the subsidiary (oxidizer) hazard is not posed. I hope this information is helpful. Sincerely, The Thomas G. Allan Senior Transportation Regulations Specialist Office of Hazardous Materials Standards 000286 173,29#

Page 20C 10 2000 15:55 0R AIR TS 610 481 2981 10 12083050 "... PRODUCTS LE Billings 2 113.29 Air Products and Chemicals, Inc. Allentown, PA 18195-1501 7201 Hamilton Boulevard Empty Packagings Tel (610) 481-3475 00-0280 10 October 2000 Office of Hazardous Materials Standards (DHM-10) Mr. Edward Mazzullo, Director U.S. Department of Transportation 400 Seventh Street, SW Washington, DC 20590-0001 Re: Foreign Cylinder Interpretation Dear Mr. Mazzulio: As per CFR173.301(i), a foreign manufactured cylinder can be charged for export if it meets all of the published regulatory requirements. Air Products exports a compressed gas that has a primary hazard of 2.2 (nonflammable gas) with a 5.1 (oxidizer) subsidiary hazard. After our foreign customer uses the product, they wish to return the residue cylinders for refilling using an "exclusive use" freight container loaded by the customer sent via ocean freight. There is when they are "emptied". Under these conditions, the oxidizer subsidiary hazard no longer approximately .74 Ibs of product left in the cylinders with a pressure not exceeding 40.6 psia exists. The container would be then transported directly to our fill plant and unloaded by our company personnel. At no time is the container opened from the time it is loaded at the customer until it arrives and is unloaded at our plant. Under this scenario, could these foreign manufactured residue cylinders enter the United States for refilling under 173.29 (empty packagings)? Thank you in advance for your consideration on this very important issue. Sincerely, • H. DiGirolamo Sr. Logistics Specialist Distribution Department ** TOTAL PAGE.02 **#