Mr. Tom B. Jacobsen — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department FEB 2 8 2003 400 Seventh St., S.W. Research and Washington, D.C. 20590 Special Programs Administration Mr. Tom B. Jacobsen 0854 West Battlement Parkway, #L108 Reference No. 03-0016 Parachute, CO 81635 Dear. Mr. Jacobsen: This is in response to your January 17, 2003 letter and January 24, 2003 telephone calls with a member of my staff asking if environmental gas samples you describe as "Gas sample, non- pressurized, flammable, r.o.s., 2.1, UN 3167," qualify for the materials of trade (MOTS) exception in § 173.6 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state the samples are composed of a mixture of flammable gas and air (e.g., 10-20% pure methane diluted with 80-90% regular air). You also state you collect them at atmospheric vehicle to a local testing laboratory. pressure in 3-liter, polyminyl fluoride film "tedlar" bags and transport them by private motor The answer is no. Your proposed packaging does not meet the packaging requirements in § 173.306; therefore, use of your packaging will require an exemption from the HMR. Procedures for submitting an application for exemption are contained in § 107.105 of the HMR. Under § 173.6(a)(2) and (b)(5), to qualify as MOTS the flammable gas sample must be transported in a cylinder with a gross weight of 100 kg (200 pounds) or less that conforms to the packaging, qualification, maintenance, and use requirements for cylinders under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Under Column 8A of the Hazardous Materials Table (§ 172.101), the entry "Gas sample, non-pressurized, flammable, n.o.s., not a refrigerated liquid, 2.1, UN 3167," provides for transportation in a packaging prescribed in § 173.306. Section 173.306(a)(4) allows non-pressurized flammable gas samples to be transported in hermetically sealed glass or metal inner packagings of not more than 5 L (1.3 gallons) overpacked in a strong outer packaging. I hope this satisfies your request. Sincerely, Hotter. mithell Hattie L. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards 13.l 030016#

Page 2CITY MARKET #28 ID: 19702859713 JAN 17'03 17:53 No. 008 P.01 Edmonson January 17, 2003 3173.6 (a)C) Mr. Edward T. Mazzull MOT Exceptions C/o Hattle Mitchell 03-00.14 Dear Mr. Mazzull: 49 CFR 173.6(a)(2) allows for handling up to 100 kg gross weight the exception for Division 2.1 materials apply to all Divislon 2.1 Division 2.1 cylinders under the Materials of Trade Exception. Would materlals. In particular, I am asking does the Materlals of Trade Exception apply to Division 2.1 UN3167 Gas sample, non-pressurized, Your assistance is appreciated. Sincerely, Tom B. Jacobsen 0854 West Battlament Pkwy,, L108 Parachute, Colorado 81635 307 871 2366#