United Brands — Hazardous Materials Safety Interpretation

Page 1U.S. Department 1200 New of Transportation Washington, Pipeline and Hazardous Materials Safety Administration Mr. Jimmy Zahriya OCT 27 2011 United Brands 145 Bluxome Street San Francisco, CA 94107 Ref. No. 11-0168 Dear Mr. Zahriya: This responds to your letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the shipment of compressed nitrous oxide and compressed carbon dioxide in non-specification cylinders. Specifically, you ask if aluminum chargers with a capacity of 10.2 mL that are filled with 8 mL or 8 gms of N20 and CO2 comply with § 173.306(a)(1) of the HMR. The answer is yes. 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 to 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 package from labeling, unless offered for transportation by air, and from the placarding and specification packaging requirements under the HMR. Additionally, the HMR permit the shipment of compressed nitrous oxide and compressed carbon dioxide by all modes of transportation. I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2Drakeford, Carol n From: INFOCNTR (PHMSA) Sent: Monday, July 18, 20114:10 PM To: Drakeford, Carolyn (PHMSA) Subject: FW: request for interpretation 5i1l\l~rts ~173. 30(0 L..,;M,'.f.ed Qu"ttI-i+;~s of -....."..'Wur-eS9:'J G"Ctse s II -0162> Hi Carolyn, We received the following request for a letter of interpretation at the HMIC. Thanks, Victoria Victoria Lehman Hazmat Information Center (HMIC) http://phmsa.dot.gov/hazmat/info-center (202) 366-1035 From: Dan Koh [mailto:dan@unitedbrands.us) Sent: Saturday, July 16, 2011 9:05 PM To: INFOCNTR (PHMSA) Cc: Jimmy Zahriya; leemun yee; Patrice Hernandez Subject: request for interpretation To Whom It may Concern, I spoke with Andrew in the DOT CS center and he advised us that we should contact the DOT Info Center for further detailed explanation of Section 173.306 (a) (1) Specifically, we fill 10.2 ml aluminum chargers with 8ml or 8gms of N20 and C02. Title49:Transportation § 173.306 Limited quantities of compressed gases. (a) Limited quantities of compressed gases for which exceptions are permitted as noted by reference to this section in § 172.101 ofthis subchapter are excepted from labeling, except when offered for transportation or transported by air, and, unless required as a condition ofthe 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 ofthis subchapter and only hazardous materials authorized aboard passenger-carrying aircraft may be transported as a limited quantity. In addition, shipments are not subject to subpart F (Placarding) ofpart 172 ofthis 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#

Page 3If a letter needs to be sent instead of an email, Please send it to: United Brands Attn: Jimmy Zahriya 145 Bluxome Street San Francisco, CA 94107 Otherwise, you may reply to this e-mail address:Dan@unitedbrands.us Best Regards, OM/~I cf. Mh daniel ,~oh !re!~ionai manager, asia/pacific united brands, H1C P 41'59927918 In +66846655360 2#