Medical Services of America — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 200 New Jersey Ave. S ashington, DC 2059 Pipeline and Hazardous Materials Safety JUN 252007 Administration Mr. Wayne R. Cromley Ref. No.: 07-0102 Corporate Safety & Risk Management Director 171 Monroe Lane Medical Services of America P.O. Box 1928 Lexington, South Carolina 29071 Dear Mr. Cromley: This is in response to your May 8, 2007 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask for clarification on the placarding requirements under § 172.504 when transporting a non- flammable gas such as, "Oxygen, refrigerated liquid (cryogenic liquid), 2.2, UN1073" in a packaging that has the capacity to hold 200 liters/777 pounds of liquid. Additionally, you for "bulk packaging" in § 171.8. ask whether the packaging qualifies as a bulk packaging in accordance with the definition The answer to both questions is no. As provided by § 172.504(c), except for bulk packagings and hazardous materials subject to § 172.505, a transport vehicle carrying less than 454 kg (1,001 pounds) aggregate gross weight (packaging plus contents) of Table 2 hazardous materials need not be placarded. When calculating the 454 kg (1,001 pounds) aggregate gross weight, only the weight of Table 2 hazardous materials in non-bulk packaging which has a maximum capacity of 450 L (119 gallons) or less as a receptacle for packaging needs to be included. A non-bulk packaging, as defined in § 171.8 means a a liquid. As stated in your letter, your container has a maximum capacity of 200 L (52.8 bulk packaging. gallons) therefore: your container would be considered a non-bulk packaging and not a I hope this information is helpful. If you have further questions. please do not hesitate to contact this office. Sincerely: Charles E. Betts Senior Transportation Specialist Office of Hazardous Materials Standards 171.8 172.504 070102#

Page 2MEDICAL SERVICES OF AMERICA, INC. MSA 171 Monroe Lane • P.O. Box 1928 [8031 957-0500 • FAX (888) 342-6190 Lexington, South Carolina 29071 Herrera $172.504 Placarding May 8, 2007 07-0102 Mr. Edward Mazzullo Pipeline and Hazardous Materials Safety Administration U.S. Department of Transportation 1200 New Jersey Avenue, SE East Building, 2nd Floor Office of Hazardous Materials Safety Washington, DC 20590 RE: Letter of Interpretation Dear Mr. Mazzullo: In an effort to ensure safety and Hazmat compliance I am asking for written clarification of the 172.504 General Placarding Requirements. container will hold 200 liters/777 pounds of liquid. The DOT hazard class and ID# are Comments/Question: We are going to deliver liquid oxygen in a basic Chevy van. Our 2.2 Non-Flammable, # UN1073. Does this qualify as a HAZMAT bulk and do we need to placard the van? When looking at 171.8 it gives a good definition of Bulk Vs Non-Bulk but it does leave something open to interpretation. Sincerely, Wagag Wayne R. Cromley Medical Services of America 803-358-6775 Corporate Safety & Risk Management Director#