DGD Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Deportment of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue. SE Washington. DC 20590 NOV 2 5 2009 Mr. Luis Lopez President DGD Inc. 1561 NW 82 Ave Doral FL 33126 Ref. No. 09-0242 Dear Mr. Lopez: This is in response to your October 21, 2009 email requesting clarification on the Hazardous Materials Regulations (HMR; 49 CFR 171-180) applicable to the transportation of oxygen cylinders and chemical oxygen generators on aircraft. On January 31, 2007, PHMSA published a final rule that amended the HMR applicable to the air transportation ofcylinders containing oxygen and oxidizing gas and oxygen generators (HM-224B). Your questions are paraphrased and answered as follows: Ql. Are fire extinguishers subject to the requirements in the HM-224B final rule? AI. No. Fire extinguishers conforming to the provisions in § 173.309 are not subject to the requirements adopted in the HM-224B final rule. Q2. Are cylinders exerting a pressure ofless than 40.6 psia subject to the requirements in the HM-224B final rule? A2. No. Under § 173.115(b), the definition ofa Division 2.2 non-flammable, non-poisonous compressed gas, including an oxidizing gas, specifies that the material must exert in the packaging an absolute pressure 200 kPa (29.0 psigl43.7 psia) or greater at 20°C (68 OF). Q3. Are the requirements ofthe final rule applicable to shipments offered for transportation to an intemationallocation? A4. Yes, when transported by aircraft. As provided in § 171.24, a package containing "Oxygen, compressed" or certain oxidizing gases must be packaged as required by Parts 173 and 178. Q5. Are the requirements outlined in the final rule applicable to ground transportation in the United States?#

Page 2A5. No. The requirements of the HM-224B final rule apply to the transport of oxygen, compressed and certain oxidizing gases by aircraft. Q6. Do the requirements of the HM-224B final rule apply to empty oxygen cylinders or oxygen generators? A6. No. See A2 above. Note, however, that spent chemical oxygen generators are forbidden aboard both passenger and cargo only aircraft. Q7. Please verify that the requirements outlined in the HM-224B only apply to materials meeting the definition of a compressed gas as defined in § 173.115. A7. See A2. I trust this satisfies your inquiry. If we can be of further assistance, please contact us. Sincerely, I I ~. L-/fr-' 71A ~ 'f--:- )'1..Ai> hades E. Betts ief, Standards Development o Ice of Hazardous Materials Standards#

Page 3lear<"{ Page 1 of3 Drakeford, Carolyn (PHMSA) ~I? SOl I113. -i9 J 13 II ~ ~rom~:~I~N;~~~NT-R-(P-H·MSA) --~,.~--. '1(i~~r(~ 1tiM-2-;fL.ji-~~-' Sent: Wednesday, October 21, 200911:34AM 0 q- O~t1 Z To: Drakeford, Carolyn (PHMSA) Subject: FW: Formal Letter of Interpretation Request from Luis Lopez DGD Inc. Miami FI1561 NW 82 Ave Doral FI 33126 From: Luis Lopez [mailto:luis.lopez@dgdeclaration.com] Sent: Wednesday, October 21,2009 11:31 AM To: INFOCNTR (PHMSA) Cc: julius.sommerfeld@kuehne-nagel.com; rogerio.besouchet@kuehne-nagel.com; Philipp Maas Subject: Formal Letter of Interpretation Request from Luis Lopez DGD Inc. Miami FI 1561 NW 82 Ave Doral FI 33126 Good morning, In light of the new HM 224 B Regulations, my company DGD Inc. is requesting a letter of interpretation, to answer the following questions that are being brought up to our company by our domestic and international customers. 1. 2. Are Fire Extinguishers required to comply with the HM-224B Regulations? Do Fire Extinguishers Require AT A Cases? Cylinders Below 40 PSI, do they meet the requirements to have to comply with HM224B? 3. 4. 5. 6. 7. If a supplier is located in the U.S.A and he wants to ship internationally, would the new HM-224B Requirement be required? E.g. Pacific Precision is a supplier in Wisconsin, they are going to ship an Oxygen Generator to ABC Distributors in Brasil, is it required for the shipment to have an AT A Case coming outbound from Pacific Precision? If ABC Distributors in Brasil wants to return a Oxygen Generator from Brasil as an import to Miami does the company in Brasil need to comply with the HM-224B Regulations since this is a USG Regulation? What happens at the Airlines ifthe shipment is not in compliance with HM-224B. Can it move Domestically? If it came in as an import not complying with HM-224B Ifa manufacture is Shipping a cylinder be it Oxygen Compressed or Oxygen Generator are the HM-224B Regulations mandated only for Domestic Trucking? What about the cases when a shipment is going from Domestic to International? If Oxygen Cylinders or Generator are Empty does this regulation apply? The definition as defined in 49 CFR for Oxygen cylinders is below: Can you please verify that the HM-224 B Regulation would only be to cylinders that meet the standards set below, that ifin any case one ofthe requirements below is not met that it would be a correct assumption that HM-224B does not apply. 10/2112009#

Page 4Page 2 of3 Oxygen aDhrisio1l2 ..2 gas and, as such,is oIlly subject to therogulations when the pressure in the container (cylinder) equals or exceeds 280 kPa (40.6 psla) at 20 DC (68 OF) (see § 173.115(b)(1)). TherefoT9, oxygen cylinders where the pressure has been reduced to less than 280 kPa (40.6 psia) are not subject to the regulations and afi(;l considered to have been purged to the extent 119ces,saryfor the purposes § li3.29(b}(2)(U). In ,addition, a cWIlpletely empty cylinder (either new and never fined or purged of all its contents) is not subjoct to the packaging requirements adopted in th18 final fule (or to other transportation requirements in tile HJvlR). Thank you in advance for your time. LDL Best Regards, Luis Lopez President Dangerous Goods Declaratiolll Inc. and DGD Transport Inc. "Servicing all your Hazardous Material Transportation Need," & All Dnu'age I Cartage Services Miamij LAX Offices (v): 1-888-219-4544 (v):1-888-219-4299 (Emergencies): 1-877-590-6738 Dial "0" (t):786-999-8893 Luis Lopez' s Hirect Extension: 703 DGD Transport is a Bonded Common Carriel'(Firm CodeM734) ami Bonded Warehouse (Firm CodeM749) ask a representative today about the!.'e '?VEW" servicesl "AU bu~inf'ss Cn.nsa~tlon:r, Afe exc1us.ivcly l'H'o..... ·idcd Oil J)angt'i'ous Goods Dedaration Inc. Terms and CondiHolts ofServicc". Tht information contained in Ihis elech'l)uir mail message is pl'ivU~g(>d and t':Oflfidenlial inteuded Oldy for tbe indh;idual or ~niiiy .'amed nb(J\'e. If the n~ade,' of this message is not the intt'nded ,'ec.ipient )'011 an~ ht'.reby "onfied that any di:sst"minatiou, distribution. Ot' (~{]PJing of this communkation is strkdy prohibited. tryou hillv.... rN:eind this comJJ'lUnic:atiun in erl'Of'~ "It-aIH.' immedia'tly notify us by h~(~ph(lne Qr eh'l'tnmic mall aod rt'turu the f'riginHI nH~S"£age to us. 10/2112009#