Airpack of Virginia, Inc. — Hazardous Materials Safety Interpretation

Page 1• . J.5. Department 400 Seventh St., S.W. of Transportatior Washington, D.C. 20590 Special Programs Research and Administration FEB 2 0 2001 Mr. Hank Baird Ref. No: 01-0021 Manager Airpack of Virginia, Inc. Post Office Box 1098 Ashburn, VA 20146-1098 Dear Mr. Baird: This is in response to your January 22, 2001 letter regarding the requirements for use of foreign made cylinders under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically you ask whether the provisions of § 173.301(i)(1) stating that a charged cylinder manufactured outside the US may not be offered to, from or within the US unless it has been manufactured, inspected and tested in accordance with the applicable DOT specification as set forth in Part 178 applies to a foreign made cylinder of not more than 4 fluid ounce capacity shipped as a limited quantity under § 173.306(a)(1). The answer is no. As provided by § 173.306(a)(1) a compressed gas may be offered in a non- specification container of not more than 4 fluid ounces capacity. The provisions of § 173.301 pertain only where a DOT specification cylinder is required. I hope this information is helpful. Sincerely Transportation Regulations Specialist Office of Hazardous Materials Standards ...- 010021#

Page 2- Lavalle 8173.30k1 AirPACK Cylinders 484FEE INCORPORATED Washington. D.C. = Baltimore • Clevelanc Dangerous Goods Specialists 01-0021 January 22, 2001 Mr. Edward Mazullo/Directos, Standards Research and Special Programs Administration U.S. Department of Transportation 400 7* Street, SW Washington, DC 20590-0001 Dear Mi. Mazullo: This letter is offered as a request for clarification. This request is made by Mr. Hank Baird, Manuger, Airpack of Virginia, Inc., 21711 Filigree Court, PO Box 1098, Ashburn, VA 20146-1098, Tel: 703-858-5169, Fax: 703-858-5175. United States may not be offered to, from, or within the United States unless it has been The CFR-49 states in 173.301(i)(1) that "...a charged cylinder manufactured outside the manufactured, inspected, and tested in accordance with the applicable DOT specification set forth in part 178 of this subchapter. " Would this standard apply 1o foreign made cylinders that meet the limited quantity specifications in 173.306(a)(1) for containers of Airpack of Virginia, Inc. makes this request on behalf of a shipper who wishes to import and ship domestically, a foreign made cylinder containing a flammable gas. Both the shipper and Airpack of Virginia have determined that the cylinder meets 173.306(a)(1) for limited quantitics. The concern of the shipper and Airpack is that the CFR-49 offers no relief or exception in the approval requirements of 173.301 (i)(1). information, please do not hesitate to contact me at 703-858-5169. Please address any Please review this request and respond at your earliest convenience. Il you need more correspondence to my attention at the address of numbers above. Sincerely, Hank Baird Mr. Hank Baird/Manager Airpack of Virginia, Inc., Airpack of Virginla, Inc. : 21711 Filigree Cout • Suite E & Ashburn. Virginia 20147 Tel: (703) 658-5169 • (800) 423-7833 & Fax: (703) 858-5175 - ...#