Ashtead Technology, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 1200 New Jersey Ave, SE Washington, D.C. 20590 Pipeline and Hazardous Materials Safety Administration MAR 3 1 2010 Mr. Jason Miller HSEQ Manager Ashtead Technology, Inc. 19407 Park Row, STE 170 Houston, Texas 77084 Ref No: 09-0216 Dear Mr. Miller: This responds to your September 18, 2009 letter regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the shipment of compressed hydrogen in non-specification cylinders. Specifically you ask if a material described as "Hydrogen, compressed, 2.1, UN 1049," is excepted from the specification packaging requirements under § 173.306(a)(1) if shipped by highway and cargo aircraft only. Under § 173.306(a)(1), a compressed gas placed in a non-specification container with a maximum capacity of four fluid ounces (7.22 cubic inches) or less may be described and transported as a limited quantity when it conforms with the provisions of this section. Note that the four fluid ounce (7.22 cubic inches) limit applies to the capacity of the container, not the volume of material contained in the container. This section excepts a limited quantity from labeling, unless offered for transportation by air, and from placarding and specification packaging requirements under the HMR. The HMR permit the shipment of Hydrogen, compressed by highway and cargo aircraft. Under the International Civil Aviation Organization's Technical Instruction for the Safe Transport of Dangerous Goods by Air, compressed hydrogen is authorized for transport aboard cargo aircraft in accordance with packing instruction 200 which permits cylinders other than UN marked and certified cylinders, to be used if the design, construction, testing, approval and markings conform to the requirements of the appropriate national authority in which they are approved and filled. I hope this satisfies your request. Since:t~y;1.~_~ 1frtlll/~ Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 2Anclrew~ Page 1 of1 ( J ~llz.IOI ... Drakeford, Carolyn (PHMSA) ~ l13.36~ " From: INFOCNTR (PHMSA) Sent: Wednesday, September 23, 2009 1 :40 PM To: Drakeford, Carolyn (PHMSA) Subject: FW: Packaging requirements C. ~ 1,~der5 cn-OJ-../& From: Jason Miller [mailto:Jason.Miller@ashtead-technology.com] Sent: Friday, September 18, 2009 3:30 PM To: PHMSA HM InfoCenter Subject: Packaging requirements To whom it may concern. Just to confirm as per the HMT table that non specillcatiol1 cylinders are except from packaging (i.e cylinder, container, drum) requirements ofthe HMR under 173.306. (I.E \'Ve have a non-dot, non-un cylinder full of bydrogen but is less than 7.2 cc) as far as 1 can tell we can transport it I!ither by highway or cargo aircraft only but not passenger aircraft or rail assuming all other parts of the HMR followed.? (a) Limited quantities of compressed gases for which exceptions are permitted as noted by reference to this section in §172.101 of this subchapter are excepted from labeling, except when offered for transportation or transported by air, and, unless required as a condition of the exception, specification packaging requirements of this subchapter when packaged in accordance with the following paragraphs. For transportation by aircraft, the package must also comply with the applicable requirements of §173.27 of this subchapter and only hazardous materials authorized aboard passenger-carrying aircraft may be transporteq as a limited quantity. In addition, shipments are not subject to subpart F (Placarding) of part 172 of this subchapter. to part 174 of this subchapter except §174.24, and to part 177 of this subchapter except § 177.817. Each package may not exceed 30 kg (66 pounds) gross weight. (1) When in containers of not more than 4 fluid ounces capacity (7.22 cubic inches or less) except cigarette lighters. Special exceptions for shipment of certain compressed gases in the ORM-D class are provided in paragraph (i) of this section. 9/24/2009#

Page 3Page 20f3 Hazardous materials Symbolsll descriptions and proper shipping names (8) II (9) II (10) .. Vessel stowage .,Quantity limitations Ii Hazard Identification Label Special Packaging (see §§173.27 and class or (§173.***) Numbers PG Codes provisions 175.75) Division (§172.102) I Ir----lr----ll Ii .ILocationllOther Non-II II Passenger Exceptionsll bulk Bulk aircraft/rail (5) II (6) (7) (SA) 2.1 N89 306 Regards Jason Miller Ashtead Technology 19407 Park Row, STE 160 Houston Texas, 77084 281-398-9533 Jason Mmer 9/24/2009#

Page 4Page3()f3 Drakeford, Carolyn (PHMSA) From: INFOCNTR (PHMSA) Sent: Wednesday, September 23, 2009 1:40 PM To: Drakeford, Carolyn (PHMSA) Subject: FW: Packaging requirements Jason Miner IiSEQ Manager Astltead Technology Inc 19407 Park Rowl Suite 170 Houston, Texas, United States Tel: 2,81 398 9533 Fax: 281 492 0937 www.ashtead-technology.com (Certified IS09(JOl :2000 by Bureau Vedtas) sh:tead TECHNOlOGV [)isclairner This f::iectronic message and any attachments are confidental pmpelty of the sender. l he information is intr:;nded onlY for the use of the person to whom it is addressed, Any other int("'!rceptioil, coPyin9, accessing, or dlsdosure of this rnessa9';: is prohibited, The ,,"rider t,~kes no responsibility frJl" any unauthorised reliance on this message, If you have received this message in error, please immediat.ely notify the sender and delete the rnessa(]e, Do 'lot forward this messa~le without penni"Siol1, Reasonable precautions have been tal<en to ensure thi;lt an)' attachment to this e-filclil tlm; been s'vvept for virU5,%, !'lC)\NeVer, we cannot accept liability for any damage ~:ustained as f.l result: of software viruses and would advise tliat. you carry (lut your i)wn virus checks before opening any attachment. 912412009#