Ocenco Incorporated — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh St., S.W. Special Programs Research and Washington, D.C. 20590 Administration MAY 26 2004 Mr. Michael B. Kay Ocenco Incorporated Ref. No. 04-0042 LakeView Corporate Park 10225 82nd Avenue Pleasant Prairie, WI 53158-5801 Dear Mr. Kay: This is in response to your February 26, 2004, letter regarding CFR Parts 171-180) to a used breathing apparatus. the applicability the Hazardous Materials Regulations (HMR; 49 information provided, each apparatus contains a cylinder of Based on the compressed oxygen and used, the pressure of the oxygen is less than 40 psia and the a scrubber with lithium hydroxide. Once scrubber is filled with non-hazardous material. you ask if your package containing the described used breathing Specifically, and therefore not subject to the HMR. apparatus would be considered empty as specified in $ 173.29(b) containing non-pressurized oxygen and a non-hazardous material The answer is yes: Your package of a used breathing apparatus would be considered empty as specified in § 173.29 (b). Therefore, it is not subject to the HMR. I hope this satisfies your request. Sincerely, Office of Hazardous Materials Standards Standards Development 040042 173.29#

Page 2LakeView Corporate Park ocenco 10225 82nd Avenue I CORP Pleasant Prairie, WI 53158-5801 U.S.A. Phone: (262) 947-9000 February 26, 2004 BAH Fax: (262) 947-9020 Mr. Edward T. Mazzullo 3173.29 U.S. DOT/RSPA (DHM-10) Director, Office of Hazardous Materials Standards Empty Packagings 400 7th Street S.W. Washington, D.C. 20590-0001 04-0048 Dear Mr. Mazullo, Ocenco Incorporated requests DOT interpretation of 49CFR, 173.29 (b) in regards to transporting used breathing apparatus as non-hazardous material. We manufacture an emergency escape breathing apparatus containing a cylinder of 9, Lifesaving Appliance, not self-inflating, UN3072. This breathing apparatus is used compressed oxygen and a lithium hydroxide scrubber, and ship the apparatus as a Class predominately onboard naval and commercial vessels: The apparatus are routinely used by our customers for training exercises and then returned to Ocenco for refurbishment; the apparatus cannot.be cleaned and refilled by and the lithium hydroxide granules have been converted to lithium carbonate by the users the user. Once the apparatus is used, the oxygen cylinder pressure is reduced to zero exhaled breath. Residual lithium hydroxide is contained inside a shell of lithium (b) (iii) in that the packaging (the scrubber) is refilled with non-hazardous lithium It is our position that the used breathing apparatus meet the conditions of section 173.29 and therefore is not subject to the Hazardous Materials Regulations. This position is carbonate to the extent that the remaining lithium hydroxide no longer poses a hazard, supported by the construction of the packaging that further mitigates potential hazards. The scrubbing material is secured in a metal container that cannot be opened without destroying the apparatus. The metal container is sealed in a ploy bag and packed in a fiberboard inner and outer box. not subject to the HMR. I thank you for your time in this matter, and please contact me if Please let me know if your office agrees with our position that these used apparatus are you have any questions. miloky Michael B. Kay mikekay@ocenco.com Engineering Manager www.ocenco.com#