{"operation":"document","citation":"10-0089","title":"Essex Cryogenics of Missouri, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-06-25","effective_on":null,"summary":"10-0089 response to Essex Cryogenics of Missouri, Inc. concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0089.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0089.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0089","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100089.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation 1 200 New Jersey Ave. SE\nWashingto!1. D.C. 20590\nPipeline and Hazardous Materials\nSafety Administration\nJUN 2 5 '21tfa\nMr. Ken Seise\nQuality Assurance/\nRegulatory Compliance Manager\nEssex Cryogenics of Missouri, Inc.\n8007 Chivvis Drive\nSt. Louis, MO 63123-2395\nRef. No. 10-0089\nDear Mr. Seise:\nThis is in reference to your email requesting a clarification ofthe applicability of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) to an oxygen converter that is part of a\ncomponent permanently installed in ambulances and other emergency response vehicles. You\nstate the converter encompasses a 10 - 25 liter non-DOT specification liquid oxygen cylinder.\nAccording to the design and construction specifications you submitted (Federal Specification for\nthe Star-of-Life Ambulance, KKK-A-1822E, General Services Administration, June 1,2002), the\ncylinder is to be installed at the time the vehicle is placed in service. A cylinder installed in a\nmotor vehicle as part of equipment necessary for the safety of its operator or passengers is not\nsubject to the HMR requirements but may be subject to the requirements of other Federal, State or\nlocal agencies. Also the filled cylinder would be subject to the HMR if it is removed from the\nvehicle and offered for transportation in commerce.\nI hope this information is helpful. If you need further assistance, please do not hesitate to contact\nus.\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nM;~\n~ 171\" I -\nDrakeford, Carol\nFrom: Mitchell, Hattie (PHMSA)\n• Sent: Wednesday, April 21, 2010 12:30 PM\nTo: Drakeford, Carolyn (PHMSA)\nSubject: FW: Specification Cylinders\n... Attachments: Letter from Hattie Mitchell 2005-3-10 Ref No. 05-0045.pdf\nCarolyn, please log in.\nFrom: Ken Seise [mailto:KSeise@essexind,com]\nSent: Wednesday, April 21, 2010 11:41 AM\nTo: Mitchell, Hattie (PHMSA)\nSubject: Specification Cylinders\nHattie,\nThere has been some discussion lately at Essex as to whether or not the converters noted in the attached emails require\ninner containers that comply with the DOT 4L packaging specification. Some think that there may be a letter from the\nDOT that states that since the 10 and 25 liter liquid oxygen converters are part of a product that gets permanently\ninstalled in an ambulance, and that the 4L containers are not mobile, meaning that someone who transports the container\ndoes not carry it on the vehicle and take it off when reaching a destination, that the product does not need to be made to\nthe 4L spec. I cannot find such a letter in my files. So, does a permanent container installed in a vehicle need to be built\nto a specification cylinder spec? If not would you have a letter in your files that states that? Please let me know what you\nfind.\nThanks,\nKen\nKen Seise\nQuality Assurancel\nRegulatory Compliance Manager\nEssex Cryogenics of Missouri, Inc,\n8007 Chiwis Drive\nst. Louis, Missouri 63123-2395\nTel: 314-832-8077 x316\nFax: 314-832-8208\n1\n\n<<<PAGE 3>>>\n\nu.s. Department 400 Seventh Street. S.W.\nof TranspoootlOn Washington. D.C. 20590\nPIpeline and\nHazardOUS MaterialS safety\nAdministration\nMAR 10 2005\nMr. Russell Zavadil Ref. No. 05-0045\nQuality Manager\nEssex Aerospace and Defense\n8007 Chivvis Drive\nSt. Louis, MO 63213\nDear Mr. Zavadil:\nThis is in response to your request for a clarification on the applicability ofthe Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) to an oxygen converter that will be\nmounted onboard ambulances and other emergency response vehicles. You .state the\nconverter stores 10 or 25 liters ofliquid oxygen that it converts into breathing gas for patients.\nThe vehicles will be operated by Federal, state or local goverrunent personnel.\nThe transport ofhazardous materials in government vehicles operated by goverrunent\npersonnel solely for non-commercial purposes are not subject to the HMR. However, if the\npurpose is commercial, or ifthe government entity offers hazardous materials for\ntransportation to commercial earners, then the HMR would apply.\nI hope this information is helpful Ifyou need further assistance, please do not hesitate to\ncontact us.\nSincerely,\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice ofHazardous Materials Standards","truncated":false,"body_characters":4316}