3AL Testing Corporation — Hazardous Materials Safety Interpretation

Page 1.S. Departmer f Transportatio 400 Seventh Street, S.W. Washington, D.C. 20590 Pipeline and Hazardous Materials Safety Administration JUN 30 2005 President Mr. Robert Fick Reference No. 06-0082 3AL Testing Corporation 825 East 73°d Avenue Denver, CO 80229 Dear Mr. Fick: This is in response to a March 31, 2006 letter we received from your company's former ice President, Mr. Paul Graves, and your June 15, 2006 telephone conversation with lember of my staff concerning placarding reguirements under the Hazardous Material filled with flammable and non-flammable gas, and transport vehicles containing empty Regulations (HMR, 49 CFR Parts 171-180) for transport vehicles containing cylinders cylinders with oxygen residue or empty cylinders that no longer contain oxygen and have their valves open. We have paraphrased Mr. Graves' questions and answered them in the order provided. Q1. What placarding requirements apply to a transport vehicle with 1,000 pounds or non-bulk cylinder containing a Division 2.1 (flammable) gas? more of non-bulk cylinders containing Division 2.2 (non-flammable) gas and one Al. A transport vehicle or freight container transported by highway or rail that contains hazardous materials in non-bulk packages does not qualify for the exceptions from more than 454 kilograms (1,001 pounds) aggregate gross weight of Table 2 it contains. Alternatively, shippers may use the DANGEROUS placard in place of placarding prescribed in § 172.504(c), and must be placarded for each hazard class the separate placards specified for each Table 2 material unless 1,000 kg (2,205 non-bulk packages is loaded at one loading facility. See § 172.504(b). For each pounds) or more aggregate gross weight of one category of hazardous materials in Table 2 material with a subsidiary hazard, the placards must comply with the provisions in § 172.505 when applicable. Q2. Under § 172.504(d), are empty medical size E or empty medical size M6/B oxygen cylinders counted as full cylinders for determining whether or not the transpor vehicle must be placarded? A2. Generally, empty packagings containing the residue of a hazardous material must of the material unless the packagings are sufficiently cleaned and purged of vapor e transported in the same manner as when they previously held a greater quantit HILISHLI 172.504 060082#

Page 2to remove any potential hazard, or are refilled with a material that is not subject to cleaned of residue and purged of vapor to remove any potential hazard are not the HMR. Hazardous materials packages, such as cylinders, that are sufficiently sufficiently cleaned and purged when the vapors in the cylinder are no longer regulated under the HMR. See § 173.29(b)(2)(ii). An oxygen cylinder is capable of actively supporting combustion and performing as an oxidizing agent. I hope this information is helpful. Sincerely, Hothe 1. itchit Hattie L. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards 2#

Page 3Paul Graves P.O. Box 1211 Idaho Springs, Colorado 80452 Phone: (303) 287-3133 March 31, 2006 Edmonsur 3/72.507 Pipeline and Hazardous Materials Safety Administration Placarding 400 Seventh Street, S.W. 06-0082 Washington, DC 20590 Subject: Clarification of two questions regarding 49CFR. Dear Sir or Madam: In the course of my experience with hazardous materials and many journeys to compressed gas manufacturing and distribution plants across the United States, I often hear two statements about the HMR (49CFR) which can never be proven when asked to. Could your office please provide ne a written response on the following two questions? ) In regards to 49CFR§172.504 many plant managers, truck drivers and safety officer lave made the comment that "when a transport vehicle has in excess of 1,000 pounds o require a 2.1 flammable gas placard when more than 1,000 pounds of flammable gas is If my reading of the 49CFR is correct, the above statement is false. I read §172.504 to Would be appropriate and no late any reera laws in regards to placards in paced loaded onto a freight vehicle. on a transport vehicle. Is my reading correct? 2) Medicards or mply medial 6l oxygen of linder must perous ted as state inder any ou must use them in determining whether or not to use placards." "If the valve is wid pen and no gas is left, you still must count them in determining placard requirements our reply as I hear so many people who completely disagree with the exceptions t ection 172.504(d) seems to plainly address this above statement, however, I ask fo truck) is transporting in excess of 1,000 pounds of empty oxygen cylinders, under 200 empty cylinders. My reading indicates if an enclosed transport vehicle (trailer or box cubic feet, then you would not need to placard the transport vehicle. Is my reading Sincerely, Paul Drawls Vice President Paul Graves 3AL Testing, Corp.#