# DGD Inc. — Hazardous Materials Safety Interpretation

- **operation:** document
- **citation:** 09-0242
- **title:** DGD Inc. — Hazardous Materials Safety Interpretation
- **source type:** guidance
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** guidance
- **official:** true
- **published on:** 2009-11-25
- **effective on:** Not available
- **summary:** 09-0242 response to DGD Inc. concerning 173.115, 173.309.
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-interpretation-09-0242.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-interpretation-09-0242.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-interpretation-09-0242
- **source url:** https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090242.pdf
**body:**

<<<PAGE 1>>>

U.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 2>>>

A5. 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 3>>>

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Page 1 of3
Drakeford, Carolyn (PHMSA) ~I? SOl
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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

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Page 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
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