Thompson Coburn LLP — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Wastington, D.C. 20590 400 Seventh Street, S.W. Hazardous Materials Safety Pipeline and Administration MAR 2 0 2007 Thompson Coburn LLP Mr. Anthony A. Anderson Ref. No. 06-0284 Suite 600 Washington, D.C. 1909 K Street, N.W. 20006-1167 Dear Mr. Anderson: This responds to your letter regarding the exceptions for limited quantities of compressed gases under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you represent a company who conducts chemical international sources in small single-use aluminum natural gas samples received from domestic and receptacles that have a volumetric capacity of less than 4 fluid ounces. The company is subject to substantial international shipping delays that occur because the receptacles are non-transparent. You ask whether a clear plastic pressurized receptacle of identical size and shape would be acceptable under the currently used description UN2037." "Receptacles, small, containing gas (gas cartridges), 2.1, volumetric capacity of 4 fluid ounces (7.22 cubic inches) The answer is yes. Under the HMR, containers having a or less are eligible for the limited quantity exceptions allowance of non-specification pressure vessels (regardless specified in § 173.306(a) (1). These exceptions include the of material of construction) and their outer packaging. 173.24 173.306 (a)(1) 060284#

Page 2The packaging must meet the general requirements for packagings and packages specified in § 173.24. For provisions are contained in the International Civil international transportation by aircraft, similar Aviation Organization's (ICAO's) Technical Instructions for the Safe Transport of Dangerous Goods by Air. we can be of further I trust this satisfies your inquiry. Please contact us if assistance. Sincerely, Hattie L. Mitchell Office of Hazardous Materials Standards Chief Regulatory Review and Reinvention#

Page 3Stevens THOMPSONCOBURN Tt. ompson Coburn LLP 06-0284 19019 K Street, N.W. Washington, D.C. 20006-1167 FAX: 202-585-6969 www.thompsoncoburn.com December 21, 2006 12-585-692 athony A. Anders FAX 202-508-1003 Via Overnight Courier Office of Hazardous Material Standards Pipeline and Hazardous Materials Safety Administration Attn: PHH-10 400 7h Street, S.W. U.S. Department of Transportation Washington, D.C. 20590-001 Re: Transport of Gas Samples in Plastic Receptacles Dear Sir or Madam: on natural gas samples that it receives from commercial entities located in the U.S and We represent a U.S. company ("Company") that conducts chemical analyses in the U.S. Company in small single-use aluminum receptacles which have a volume of less than 4 fluid multiple foreign countries. The natural gas samples (2.1 Flammable Gas) are shipped to the ounces, under the shipping name UN2037, which describes "receptacles, small, containing gas (gas cartridges) flammable, without release device, not refillable and not exceeding 1L capacity." U.S. Customs inspections and Homeland Security issues sometime result in substantial receptacles comply with all HazMat shipping regulations, but the Company believes that a shipping delays, which can compromise the usefulness of the samples. The small aluminum contents can be seen. transparent container could greatly simplify and speed up Customs clearances because the The Company is now considering the feasibility of manufacturing a new sealed would be constructed out of clear plastic. The Company seeks PHMSA's confirmation that: 3488530#

Page 4Pipeline and Hazardous Materials Safety Administration Office of Hazardous Material Standards December 21, 2006 Company to any PHMSA's container specifications, inspections, and testing, or other PHMSA container regulations or exemption procedures. 'lease do not hesitate to contact me if you have any questions or require additiona We thank you in advance for providing us with the above-requested conf rmation information. Very truly yours, Thompson Coburn LLP By Anthony A. Anderson 3488530#