Essex Cryogenics of Missouri, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 1 200 New Jersey Ave. SE Washingto!1. D.C. 20590 Pipeline and Hazardous Materials Safety Administration JUN 2 5 '21tfa Mr. Ken Seise Quality Assurance/ Regulatory Compliance Manager Essex Cryogenics of Missouri, Inc. 8007 Chivvis Drive St. Louis, MO 63123-2395 Ref. No. 10-0089 Dear Mr. Seise: This is in reference to your email requesting a clarification ofthe applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to an oxygen converter that is part of a component permanently installed in ambulances and other emergency response vehicles. You state the converter encompasses a 10 - 25 liter non-DOT specification liquid oxygen cylinder. According to the design and construction specifications you submitted (Federal Specification for the Star-of-Life Ambulance, KKK-A-1822E, General Services Administration, June 1,2002), the cylinder is to be installed at the time the vehicle is placed in service. A cylinder installed in a motor vehicle as part of equipment necessary for the safety of its operator or passengers is not subject to the HMR requirements but may be subject to the requirements of other Federal, State or local agencies. Also the filled cylinder would be subject to the HMR if it is removed from the vehicle and offered for transportation in commerce. I hope this information is helpful. If you need further assistance, please do not hesitate to contact us. Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 2M;~ ~ 171" I - Drakeford, Carol From: Mitchell, Hattie (PHMSA) • Sent: Wednesday, April 21, 2010 12:30 PM To: Drakeford, Carolyn (PHMSA) Subject: FW: Specification Cylinders ... Attachments: Letter from Hattie Mitchell 2005-3-10 Ref No. 05-0045.pdf Carolyn, please log in. From: Ken Seise [mailto:KSeise@essexind,com] Sent: Wednesday, April 21, 2010 11:41 AM To: Mitchell, Hattie (PHMSA) Subject: Specification Cylinders Hattie, There has been some discussion lately at Essex as to whether or not the converters noted in the attached emails require inner containers that comply with the DOT 4L packaging specification. Some think that there may be a letter from the DOT that states that since the 10 and 25 liter liquid oxygen converters are part of a product that gets permanently installed in an ambulance, and that the 4L containers are not mobile, meaning that someone who transports the container does not carry it on the vehicle and take it off when reaching a destination, that the product does not need to be made to the 4L spec. I cannot find such a letter in my files. So, does a permanent container installed in a vehicle need to be built to a specification cylinder spec? If not would you have a letter in your files that states that? Please let me know what you find. Thanks, Ken Ken Seise Quality Assurancel Regulatory Compliance Manager Essex Cryogenics of Missouri, Inc, 8007 Chiwis Drive st. Louis, Missouri 63123-2395 Tel: 314-832-8077 x316 Fax: 314-832-8208 1#

Page 3u.s. Department 400 Seventh Street. S.W. of TranspoootlOn Washington. D.C. 20590 PIpeline and HazardOUS MaterialS safety Administration MAR 10 2005 Mr. Russell Zavadil Ref. No. 05-0045 Quality Manager Essex Aerospace and Defense 8007 Chivvis Drive St. Louis, MO 63213 Dear Mr. Zavadil: This is in response to your request for a clarification on the applicability ofthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to an oxygen converter that will be mounted onboard ambulances and other emergency response vehicles. You .state the converter stores 10 or 25 liters ofliquid oxygen that it converts into breathing gas for patients. The vehicles will be operated by Federal, state or local goverrunent personnel. The transport ofhazardous materials in government vehicles operated by goverrunent personnel solely for non-commercial purposes are not subject to the HMR. However, if the purpose is commercial, or ifthe government entity offers hazardous materials for transportation to commercial earners, then the HMR would apply. I hope this information is helpful Ifyou need further assistance, please do not hesitate to contact us. Sincerely, Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office ofHazardous Materials Standards#