{"operation":"document","citation":"05-0190","title":"EHS Associates, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-10-27","effective_on":null,"summary":"05-0190 response to EHS Associates, Inc. concerning 173.306.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0190.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0190.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0190","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050190.pdf","body":"<<<PAGE 1>>>\n\n.S. Depanmen\nf Transportatio\nOCT 27 2005\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nPipeline and\nAdministration\nHazardous Materials Safety\nMr. Daniel J. Young\nRef. No.: 05-0190\nPresident\nEHS Associates, Inc.\n3301 Bentwillow Drive\nFuquay-Varina, NC 27526\nDear Mr. Young:\nThis is in response to your August 1, 2005 letter requesting further clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to consumer\ncommodities. Specifically, you ask whether small gas cylinders of carbon dioxide that\nare used for powering industrial tools may be renamed \"Consumer commodity,\" and\nreclassed as \"ORM-D material.\" You state your cylinders could be sold at the retail level\nwith a slight change in the design of the outlet valve on the cylinders.\nparagraph (a)(1), (a)(3), or (b) of this section and is a \"Consumer commodity\" as defined\nAs specified in § 173.306(h), a limited quantity of compressed gas which conforms to\nin § 171.8 of the HMR, may be renamed \"Consumer commodity\" and reclassed as\n\"ORM-D material.\" Section 171.8 of the HMR defines a \"Consurner commodity\" as a\nmaterial that is packaged and distributed in a form intended or suitable for sale through\nretail sales agencies or instrumentalities for consumption by individuals for purposes of\npersonal care or household use. Your material as described in your letter is not packaged\nand distributed in such a manner. Therefore, you may not rename your material as a\n\"Consumer commodity\" or reclass it as \"ORM-D material.\"\nI hope this information is helpful.\nSincerely,\nSusan Gorsky\nActing Director\nOffice of Hazardous Materials Standards\n173.306 (h)\n050190\n\n<<<PAGE 2>>>\n\n•\nEHS ASSOCIATES, INC.\n3301 Bentwillow Drive, Fuquay-Varina, NC 27526 (919) 552-6978\nFoster\n$173.306(h)\nAugust 1, 2005\nCylinders\nMr. Edward T. Mazzullo\n05-0180\nDirector, Office of Hazardous Materials Standards\nU.S. DOT/PHMSA (PHH-10)\n400 7\" Street S.W.\nWashington, DC 20590-001\nDear Mr. Mazzullo:\nI represent a client who currently ships small cylinders of carbon dioxide using the\nshipping description \"Carbon dioxide, 2.2, UN 1017.\" The small gas cylinders are used\nfor powering industrial tools but are similar to cartridges used for powering paint ball and\nother air guns. The cylinders come in a small box of ten, and there are approximately 16\ngrams of carbon dioxide in each cylinder. Although these cylinders are not sold to or\nused by the general public, the cylinders are similar to those used by the general public\nfor air guns and similar devices. The cylinders could be sold at the retail level if there\nwas a slight change in the design of the outlet valve on the cylinders.\nMy client would like to reclassify the carbon dioxide cylinders as ORM-D materials and\nrename them as consumer commodities. Although I believe that these cylinders meet the\ncriteria for reclassification in 49 CFR 173.306(h), I would like you to provide me with a\nwritten verification that these carbon dioxide cylinders could be reclassified and\ntransported by ground and by air as ORM-D consumer commodities under the hazardous\nmaterials regulations.\nPlease contact me at (919) 552-6878 if you need further information about this request.\nThank you for your assistance with this question.\nSincerely,\nDaniel J. Young\nPresident","truncated":false,"body_characters":3296}