{"operation":"document","citation":"09-0114","title":"TRG Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-05-19","effective_on":null,"summary":"09-0114 response to TRG Inc. concerning 172.407.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0114.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0114.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0114","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090114.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave, S.E.\nWashington, D.C. 20590\nMr. Robert E. Sever\nVP of Engineering\nTRG Inc.\n4150 Carr Lane Ct.\nSt. Louis, MO 63119\nMAY 1 9 X)09\nRef. No. 09-0114\nDear Mr. Sever:\nThis is in response to your letters of May 11 and 15,2009, and our meeting on May 14,\nconcerning colors used by your company to print Oxygen labels onto the sidewalls of\ncylinders for medical oxygen.\nYou submitted a number of printed samples of various shades of yellow for the Oxygen label\nfor our review, to determine conformance with the color standards for labels set forth in the\nHazardous Materials Regulations (HMR; 49 CFR 171-180) in Subpart E and Appendix A of\nPart 172. You also submitted an Engineering Report analyzing, by spectrophotometer, 16\nsamples printed on a cylinder to determine which shade of yellow, if any, would match the\ncentral color on the DOT Yellow Color Tolerance Chart. As you indicate in your May 15\nletter, it was felt that the test results of a spectrophotometer would be less subjective than\ncomparing color chips.\nThe test results from the Engineering Report indicate that the number 7 shade of yellow on\nthe sample cylinder is a very close match to the central color on the DOT Yellow Color\nTolerance Chart. Based on these results and our review, we agree that sample number 7 is the\nbest color match and conforms to the color standards of the HMR.\nI trust this information is helpful. If we can be of further assistance, please contact us.\nSincerely,\ngL.l9/9f9c&\nEdward T. Mazzullo\nDirector, Office of Hazardous\nMaterials Standards\n\n<<<PAGE 2>>>\n\nUS Respiratory Pacific Cylinders Penox Technologies EMS+\n4150 CARR LANE COURT SAINT LOUIS MO 631 19 USA. 314.659.43001p 877.877.37741~ 314.645.04991f\nwww.respirator~qroup.com\nMr. Edward Mazzullo, Director\nOffice of Hazardous Materials Standards\nOffice of Hazardous Materials Safety\nPipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation\n1200 New Jersey Avenue, SE\nEast Building, 2nd Floor\nWashington, DC 20590\nAttention: PHH-10\nDear Mr. Mazzullo,\nThank you for updating me on the letter that we requested, stating it would be acceptable to\nplace a yellow oxygen label over the current oxygen label printed on the cylinder. I look forward\nto receiving it on Monday.\nI n our meeting on -Thursday, I was asked to take a sample cylinder with the 16 shades of\nyellow and have it analyzed with a Spectrophotometer to determine which shade of yellow, if\nany, would match the central color on the DOT Yellow Color Tolerance Chart. It was felt that\nthe test results of a Spectrophotometer would give us a positive result and be less subjective\nthan comparing color chips.\nAfter our meeting on Thursday, I contacted our Engineering Department and asked them to\ntake the sample cylinder to a lab that could compare the 16 shades of yellow on the cylinder to\nthe DOT Yellow Color Tolerance Chart. The results of the test indicate that the number 7 shade\nof yellow on the sample cylinder is a very close match to the central color on the DOT Yellow\nColor Tolerance Chart. I have attached a copy of the Engineering Report for your review.\nI look forward to hearing from you after you have had a chance to look over the test report.\nI would like to thank you and all of the DOT associates that have helped us resolve this issue.\nSincerely\nRobert E Sever\nVP of Engineering\nTRG Inc.\n4150 Carr Lane Ct.\nSt. Louis, MO 63119 USA\nWork 314-659-4321\nCell 314-753-4404\nDIAMOND SPRINGS, CA\n800.390.14191p\n530.621.20331f\nMONTEBELLO, CA ST. LOUIS, MO NEW ALBANY, MS PITTSTON, PA\n323.725.17061~ 877,877,37741~ 662.538.6500P 800.233.30291p\n323.725.17881f 314.645.04991f 662.538.6561F 570.655.2036K\n\n<<<PAGE 3>>>\n\nDOCUMENT NUMBER ER090515\nENGINEERING REPORT ON\nCOLOR MATCHING OF YELLOW LABEL\nPER 49 CFR 172 APPENDIX A\nTHE RESPIRATORY GROUP.COM\nTHE RESPIRATORY GROUP\n4150 Carr Lane Ct.\nSt. Louis, MO 63119\nST. LOUIS, MISSOURI\nENGINEERING REPORT\nON COLOR MATCHING OF YELLOW LABEL\n\n<<<PAGE 4>>>\n\nThe purpose of this report is to determine what shade of yellow is\nmost appropriate for use on the yellow oxygen label used on medical\noxygen cylinders.\n1 .I Test Samples\nSixteen yellow labels were applied to two separate M6 cylinders. Each label had\na different shade of yellow.\nOne cylinder was used for color testing and the second was given to Helen\nEngrum at the Office of Hazardous Materials Standards.\n\n<<<PAGE 5>>>\n\n2.0 CONCLUSIONS AND RECOMMENDATIONS\n1. Of the sixteen shades of yellow, sample 7 was the closest match to the\nCentral Yellow color.\n2. The Lab coordinates of sample 7 were:\na. L = 75.957143\nb. a* = -2.9557143\nc. b' = 67.572857\n3. The Lab coordinates of the Central Yellow color printout were:\na. L = 78.73\nb. a = 0.47\nc. b = 69.94\n4. The difference, or AE, between the two colors is 2.45.\n5. The third party test lab, Group 360 Visual Communications, listed sample 7\nas a good visual match to the Central Yellow Color due to the AE of 2.45.\nTheir general guidelines are as follows:\na. AE of 0-3 is a good visual match\nb. AE of 3-7 is a fair visual match\nc. AE greater than 7 is a poor match\n6. The RGB values used to print Sample 7 on the cylinder were:\na. R = 255\nb. G = 222\nc. B = O\n7. Any cylinder labeling applied by 'TRG after May 15, 2009 will have a warning\nlabel with the same color shade of yellow as sample 7.\n3.0 TESTING\n3.1 Test Procedure\nThe printed cylinder and a copy of the DOT Yellow Color Tolerance Chart,\nreferenced by 49 CFR 172 Appendix A, was sent to a third party test lab.\nEach of the 16 yellow labels printed on the cylinder were compared to the\nCentral Color on the Yellow Color Tolerance Chart.\nThe analysis of the colors was done using an X-RITE 528 Spectrophotometer.\nThe color coordinates were read using the ClELab coordinate system.\n3.2 Test Results\nSee Appendix for test results.\n\n<<<PAGE 6>>>\n\nAPPENDIX\nSIZE\nFSCM\nDRAWING NO.\nREV\nA\nER090515\nSCALE\nSHEET\n4 OF 4\n\n<<<PAGE 7>>>\n\nVISUAL COMMUNICATIONS\nOrion Oxygen Yellow 5/14/09\n- #\nb*\nmis chart show the dilferenm in hue from the target cola. The center m e pofnl\nrepresents no change. Any change horn center in&caler a change in that direcllon.\nThil* 01 it a9 adding ermr hue to the target cdor.\nThis chart s h w the difference in lightms\nrrom the target cola. Up belng lighter and\ndom being darker.\n\n<<<PAGE 8>>>\n\nTHE RESPIRATORY GROUP\nUS Respiratory Pacific Cylinders * Penox Technologies * EMS+\n4150 GARR LANE COURT SAINT LOUIS MO 631 19 USA 314.659.4300/p 877.877.3774lp 314.645.049911\nwww.resairatowaroup.com\nMay 11, 2009\nMr. Edward Mazzullo, Director\nOffice of Hazardous Materials Standards\nOffice of Hazardous Materials Safety\nPipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation\n1200 New Jersey Avenue, SE\nEast Building, 2nd Floor\nWashington, DC 20590\nAttention: PHH-10\nDear Mr. Mazzullo,\nI had a very nice conversation with Ms. Helen Engrum today. We appreciate her time with me\nto address the issue of the color of yellow we have on our current oxygen cylinder label.\nI sent samples of the label printed on the cylinder to DOT on May 5'h 2009 for review after a\ngas company refused to fill our customer's cylinders. After examining the cylinders, Ms.\nEngrum called me today to inform me that it was the opinion of the DOT that the color of\nyellow used on the label was incorrect. Although we do not agree with this, we understand that\nwe have two options with regard to the cylinders already in the fields.\n1) Request permission to use the 6,836 cylinders currently in the field as is by applying\nfor a \"Special Permit\" for this quantity. All future labels would use a shade of yellow\nmore agreeable to the DOT.\n2) The second option was to place a label with a more agreeable shade of yellow over\nthe existing label currently on 6,836 cylinders in the field.\nWe would prefer that DOT grant permission to use the cylinders, as is, however we are not sure\nhow long this process would take. Our customer is in a difficult position needing oxygen for its\npatients, so we must resolve this as quickly as possible. Please advise.\nWith regard to the second option, the gas company filling the cylinders informed me that they\nwould not fill the cylinders if we installed a label over the existing label unless we received\napproval from the DOT in writing to do so. If we received such permission in writing, this\nwould certainly alleviate our current dilemma for the moment. Please advise as to this option.\nDIAMOND SPRINGS, CA MONTEBELLO, CA ST. LOUIS, MO NEW ALBANY. MS PITTSTON, PA\n800 390.14191p 323.725.1 7061p 877.877.37741~ 662538.65DOP 800,2)23029/p\n530.621 .XI338 323 725,178811 314.645.0499n 662.538.6561F 570.655.20361f\n\n<<<PAGE 9>>>\n\nTHE RESPIRATORY GROUP\nUS Respiratory * Pacific Cylinders * Penox Technologies EMS+\n4150 CARR LANE COURT SAINT LOUIS MO 631 19 USA 314.659.4300lp 877,877,37741~ -314.645.0499ff\nwww.res~iratomrou~.com\nI would also like to send you a sample of a shade of yellow we are considering using on the\nlabel to make sure we are in agreement and that the DOT would not object to this new shade\nof yellow.\nI would like to thank you and all of the DOT associates for your time on this issue. We would\nappreciate an immediate response since we have an issue which needs immediate attention.\nRobert E Sever\nVP of Engineering\nTRG Inc.\n4150 Carr Lane Ct.\nSt. Louis, MO 631 19 USA\nWork 314-659-4321\nCell 3 14- 753-4404\nDIAMOND SPRINGS, CA MONTEBELLO. CA ST. LOUIS, MO NEW ALBANY, MS PITTSTON, PA\n800.390.14191p 323.725.1 7061~ 877 877.37741~ 662.538.650W 800.233.30291p\n530.621 203311 323.725 1 7 8 1 314.645.0499lf 662.538.6561F 570.655.20366\n\n<<<PAGE 10>>>\n\nTHE RESPIRATORYGROUP.COM\n4150 Can Lane Court, St. Louis, MO 63 1 19\nPhone: (3 14) 659-4300\nCustomer Service: (877) 877-3774 or (888) 443-7210\nFax: (314) 645-0499 Toll Free Fax: (888) 207-8802\n1. TO: Associate Administrator for Hazardous Materials Safety\nPipeline and Hazardous Materials Safety Admin\nU.S. Department of Transportation\n1200 New Jersey Avenue, SE, East Building, 2nd Floor (PHH)\nWashington, DC 20590\nAttention: PHH-3 1\n2. FROM: The Respiratory Group, Inc. (TRG)\n4 150 Carr Lane Ct.\nSt. Louis, MO 63 1 19\nTRG Agent: Bob Sever 3 14-659-4321\n3. I f the applicant is not a resident of the United States, the applicant must designate an\nagent for service in accordance with 49 CFR 105.40.\nDoes not apply.\n4. For a manufacturing special permit, one must provide a statement of the name and\nstreet address of each facility where manufacturing under the special permit will\noccur.\nCylinders and their labeling are manufactured at the TRG facility.\n5. I f confidential treatment is requested, the applicant must comply with 49 CFR\n105.30(a).\nConfidential treatment is not required.\n6. State the citation(s) of the specific regulation from which relief is sought.\n49 CFR 172.407(d)(4) is the citation for which TRG is seeking a special permit for a\nmodification.\n7. Specify the proposed mode or modes of transportation.\nThe modes of transportation are by standard freight and trucking lines.\n\n<<<PAGE 11>>>\n\nTHE RESPIRATORY GROUP.COM\n4150 Carr Lane Court, St. Louis, MO 631 19\nPhone: (3 14) 659-4300\nCustomer Service: (877) 877-3774 or (888) 443-7210\nFax: (314) 645-0499 Toll Free Fax: (888) 207-8802.\n8. Provide a detailed description of the proposed special permit (e.g., alternative\npackaging, test, procedure or activity) including, as appropriate, written descriptions,\ndrawings, Jaw charts, plans and other supporting documents.\nThe color of the Oxygen label used on a medical oxygen cylinder is\nsupposed to be within a range of colors given by the color data shown in\nAppendix A, Table 1 of CFR 172. The color, Pantone 109U, may also be\nused to achieve these colors.\nSamples of the 6836 cylinders, that are already manufactured, have been sent to DOT\nfor assessment of the yellow shade used. The shade of yellow was deemed to be\nunacceptable. For this reason, we asking for this special permit to use the cylinders\nas-is.\n9. Specify the proposed duration or schedule of events for which the special permit is\nsought.\nThe special permit is for 6836 cylinders. Future manufacturing would incorporate a\nyellow label with a shade approved by DOT.\n10. Provide a statement outlining the applicant's basis for seeking relief from compliance\nwith the specified regulations and, if the special permit is requested for afixed\nperiod, a description of how compliance will be achieved at the end of that period.\nTRG is seeking relief from this compliance in order to supply the end-user with\noxygen in a timely fashion.\n1 1. v a n emergency special permit is requested, the applicant must comply with 49 CFR\n107.11 7 and provide a statement of supporting facts and reasons.\nAn emergency special permit is being requested so that any delays supplying oxygen\nto the end-user will be minimized. These delays can result in oxygen therapy patients\nexperiencing health problems due top hypoxia.\n12. Identify and describe the hazardous materials planned for transportation under the\nspecial permit.\nHigh Pressure Medical-grade Oxygen will be transported in the cylinders.\n\n<<<PAGE 12>>>\n\nTHE RESPIRATORY GROUP.COM\n4150 Carr Lane Court, St. Louis, MO 631 19\nPhone: (3 14) 659-4300\nCustomer Service: (877) 877-3774 or (888) 443-721 0\nFax: (314) 645-0499 Toll Free Fax: (888) 207-8802\n13. Provide a description of each package, and include a specification or special permit\nnumber, as applicable, to be used in conjunction with the requested special permit.\nThe package is an aluminum cylinder designed to store and transport high-pressure\nmedical oxygen.\n14. For alternative packagings, the applicant must provide documentation of quality\nassurance controls, package design, manufacture, performance test criteria, in-\nservice performance and service-life limitation.\nNot applicable\n15. The application must demonstrate that a special permit achieves a level of safety at\nleast equal to that required by regulation, or i f a required safety level does not exist,\nis consistent with the public interest.\nThe risks involved in granting the shade of yellow used to print the oxygen label on\nthe 6836 cylinders are no greater than a label printed with exactly the correct color.\nThe shade used is definitely a shade of yellow. The only debate is to whether it is\nwithin a pre-determined tolerance of yellow shades.\nIn a real world application, this becomes irrelevant to the end-user as they can clearly\nread the text, \"OXYGEN\" on the label.","truncated":false,"body_characters":14524}