{"operation":"document","citation":"12-0038","title":"Mr. Charles E. Tudor — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-05-07","effective_on":null,"summary":"12-0038 concerning 172.101, 173.22, 173.304, 173.306.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0038.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0038.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0038","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120038.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue. SE\nWashington, D.C. 20590\nMAY 0 7 2012\nMr. Charles E. Tudor, CP-P/MH\n12419 Entiat River Road\nEntiat, W A 98822\nReference No.: 12-0038\nDear Mr. Tudor:\nThis responds to your January 23, 2012letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the packaging of nitrous\noxide in non-specification cylinders. In your incoming letter, you describe a scenario in\nwhich your client intends to ship 7.5 grams of nitrous oxide in a 10-ml non-specification\ncylinder via air and vessel internationally. These nitrous oxide non-specification cylinders\nare to be used in medical devices. Based on this scenario, your questions are paraphrased\nand answered as follows:\nQl. Is nitrous oxide permitted to be transported in 10-ml non-specification cylinders for\ndomestic and international air transport?\nAl. The answer is no. The Column 7 entry in the Hazardous Materials Table (HMT;\n§ 172.101) for \"UN 1070, Nitrous Oxide\" lists Special Provision A14. Special\nProvision A14 states that nitrous oxide is not authorized to be transported as a\nlimited quantity in accordance with§ 173.306 when transported by aircraft.\nTherefore, nitrous oxide, when transported by air, must comply with the\nrequirements specified in either§§ 173.304,173.314, or 173.315. Specifically,\n§ 173.304(t) provides the authorized specification cylinders permitted, filling\nrequirements, and outer packaging requirements for the air transport of oxidizers,\nincluding nitrous oxide. Nitrous oxide would only be permitted to be shipped by\naircraft in a non-specification cylinder if the shipment utilized a special permit. It\nshould be noted that nitrous oxide transported by highway, rail or vessel meeting the\nlimited quantities for compressed gas requirements specified in § 173.306 may be\ntransported in non-specification cylinders.\nQ2. If nitrous oxide is permitted to be transported in 10-ml non-specification cylinders\nfor domestic arid international air transport, what filling limits should be used?\nA2. As noted above, nitrous oxide is not permitted to be shipped in 10-ml non-\nspecification cylinders by air unless a special permit is issued providing relief from\nthe requirements of the HMR. Furthermore, as specified in the table in\n§ 173.304a(a)(2), nitrous oxide has a maximum filling density of 68% when\ntransported in accordance with the HMR. Shipments transported under the\n\n<<<PAGE 2>>>\n\nQ3. A3. Q4. A4. Q5. A5. Q6. A6. Q7. International Civil Aviation Organization's Technical Instructions (ICAO TI) must\ncomply with the filling limits listed in packing instruction (PI) 200.\nDoes USG 18 and § 173.304(t) apply to air shipments of nitrous oxide?\nThe answer is yes. For air shipments of nitrous oxide transported in the United\nStates, both USG 18 and § 173.304(t) would apply.\nDoes PHMSA require fire-resistant outer packaging on vessel shipments of\noxidizers, specifically nitrous oxide?\nThe answer is no. The requirements in§ 173.304(t)(3) requiring a rigid fire-resistant\nouter packaging are specific to air shipments of oxidizing gases. There is no\nanalogous requirement for vessel transport.\nShould 10-ml nitrous oxide non-specification cylinders be treated as \"articles\" and\nbe packaged in accordance with PI 003 as indicated by the International Maritime\nDangerous Goods (IMDG) code?\nIn accordance with§ 173.22 and Chapter 2 of the IMDG code, it is the shipper's\nresponsibility to properly class and describe a hazardous material. This Office does\nnot perform that function. However, it is the opinion of this Office that, the scenario\nyou describe, \"UN 1 070, Nitrous Oxide\" is the most appropriate proper shipping\ndescription. Furthermore, under the IMDG code \"UN 1 070, Nitrous Oxide\" should\nbe packaged in accordance with PI 200.\nIf the 10-ml nitrous oxide non-specification cylinders are to be treated as \"articles\"\nare they required to be packaged in combination packagings that have been UN\nperformance tested?\nAs stated in A5, it is the opinion of this Office that in the scenario you describe \"UN\n1070, Nitrous Oxide\" is the most appropriate proper shipping description.\nTherefore, for vessel transport under the HMR, the nitrous oxide could be packaged\nin accordance with§§ 173.304, 173.306, 173.314, or 173.315. Under the IMDG\ncode, nitrous oxide should be packaged in accordance with PI 200.\nIs there an existing special permit covering the nitrous oxide cartridges described\nabove?\n\n<<<PAGE 3>>>\n\nA7. PHMSA's Approvals and Permits Division has issued special permits authorizing the\nuse of non-specification cylinders for the air transport of nitrous oxide under specific\ntransport conditions and after a technical review of the non-specification cylinder.\nBased on the schematic drawing you provided in your incoming letter, it does not\nappear as if your non-specification cylinder has been issued a special permit. Under\n§ 107.105, you may apply for your own special permit that authorizes air shipment\nof nitrous oxide in non-specification cylinders. You may contact our Approvals and\nPermits Division at (202) 366-4535 for more information.\nI hope this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 4>>>\n\nOffice of Hazardous Materials Standards, PHMSA\nAttn: PHH-1 0\nUS Department of Transportation, East Building\n1200 New Jersey Avenue, SE.\nWashington DC 20590-0001\nAttn: Charles Betts, Division Director\nGreetings:\nMy specific questions relate to the shipment of nitrous oxide in cartridges, in particular\ncartridges that are small non-spec cylinders--the same as commonly used for C02 for a\nmyriad of consumer applications.\nMy client wishes to ship 8 ml cartridges internationally as a consumable that is used in a\nmedical device they are developing. The filling limit is 0.75 as per the table in\nICAOIIATA (higher than the 0.68 permitted in the CFR at 173.304 table of filling limits).\nCartridges of nitrous oxide are in common consumer use as blowing agents for home\ndispensers of whipped cream, possibly of foreign origin. My client needs the ability to\nship the cartridges world wide by air and vessel. They desire to package them in\nrelatively small quantities for distribution to doctors.\nQuestion 1. Can these cartridges containing nitrous oxide be offered for\ndomestic/international air transport? If so, can they be filled based on the filling limits\ntable in ICAO and IMDG? Or are they limited to low pressures of aerosols? (See\ndiscussion)\nQuestion 2. Ifthey can ship by air does USG 18 apply (173.304(f)) to these cartridges?\nQuestion 3. Has PHMSA imposed fire resistant outer packaging on vessel shipment of\noxidizers? Or more specifically, for cylinders of nitrous oxide?\nQuestion 4. Are these cartridges to be treated as \"articles'' as is indicated by the IMDG\nCode use of PI 003 instead of P200?\nQuestion 5. If they are articles in combination packaging, are they required to be UN\nperformance tested? Note that the IMDG Code PI 003 does not require UN performance\ntesting. This could result in a miss match for import/export if this were to be used.\nQuestion 6. Is there an existing special permit covering these N20 cartridges?\nPage 1 of3\n\n<<<PAGE 5>>>\n\nThe IMDG Code entry references PI P003. Column 17 of the Table suggests that this\nentry is for mixtures of propane and butane used in camping stoves. This type of\ncartridge is low pressure and not what we have here. P003 treats cartridges as \"articles\",\nwhereas the CFR and ICAO/IATA is rather silent on this.\nNone of the modal regulations define \"Receptacles, small containing gas (gas\ncartridges)\". The common everyday C02 cartridge has been around for nearly a hundred\nyears. Its use for other gases is common (I know they are used for helium in addition to\nnitrous oxide.) It is interesting that the regulations do not specifically recognize these\ncartridges as a standard package form.\nFurther investigation turned up an interesting special permit SP-7951 that has been in\nexistence for a long time. A specific aerosol can with this permit mark is Land-O-Lakes\nbrand 16 oz., whipped heavy cream by Land-O-Lakes, Inc., distributed by WhiteWave\nFoods, Broomfield, CO. and purchased at a Costco. The can lists nitrous oxide as the\npropellant. The permit (issued to ConAgra, Inc.) doesn't mention nitrous oxide and lists\nauthorized shipping names as Compressed gas n.o.s. and Consumer Commodity. The\npermit also authorizes shipment by cargo and passenger air without mention of DOT\n31 FP outer packaging which would seem inconsistent with provisions of the regulations\nnot covered by the permit. This permit has nothing to do with cartridges per se. I have\nnot found a permit that does apply to nitrous oxide cartridges.\nI have been reading these regulations for 40 years but never had to deal with these\ncritters. So, have I missed something or are the regulations a bit vague on this subject?\nI look forward to your prompt response.\nCharles E. Tudor, CP-P/MH\nHM Packaging Compliance Consultant\n12419 Entiat River Road\nEntiat, W A 98822\nPh.: 509 784 0264\nEmail: cetudor4143@gmail.com\nAttachment (2)\nPage 3 of3\n\n<<<PAGE 6>>>\n\nDISCUSSION:\nAs I read the regulations for Nitrous oxide, UN 1070 a 2.2 gas with a sub risk of 5.1:\n\"Excepted Quantity\" provisions do not apply to air or vessel transport due to sub-risk.\nLimited Quantity provisions for UN 1070 in the CFR apply only to surface transport.\n(See Special Provision A14 in the Table.) For domestic surface transport it appears that\n173.306(a)(1) would permit shipment as Limited Quantity, but the water is muddied by\n1733.306(j) which limits pressure in small receptacles to 970 kPa (141psi) and\n\"containing no HM other than a Division 2.2 gas\". Does the sub-risk 5.1 represent\n\"another HM\"?? Nitrous oxide is shipped at much higher pressure requiring 1800 psi\nrated cylinders.\n173.304(f) specifically addresses nitrous oxide in air shipment and requires spec\ncylinders with relief devices and a UN performance tested (PO I, II) fire/heat resistant\noverpack (DOT 31 FP). Non-spec cartridges or articles are not discussed.\nThere is no Limited Quantity provision for UN 1070 in ICAOIIA TA. PI 200 specifically\nrequires cylinders other than UN marked cylinders to meet the requirements of the\nnational authority of the State where they are approved and filled. (How does one know\nif there are no marks on them?) PI 200 also requires cylinders of nitrous oxide to have\nrelief devices so if these cartridges are \"cylinders\" by definition (this is not clear) then\nthey cannot be shipped under this regulation (unless approved by you-the competent\nauthority). If they can be considered cylinders then USG 18 requiring the fire resistant\noverpack would apparently apply. The only discussion of cartridges specifically in PI 200\nis imposing the hot water bath in Section 6.4.4.1. Apparently pressure is not an issue.\nThere is no Limited Quantity provision in the IMDG Code for UN 1070. P200(1) again\nspecifically requires pressure relief devices and does not discuss non-refillable cartridges.\nLooking further-\nConsidering the PSN \"Receptacles, small, containing gas or Gas cartridges (oxidizing)\nwithout a release devise, not refillable and not exceeding 1 L capacity,) UN203 7:\nThis description very much describes the shipment. But ....\nThe CFR again references 173.304/.306 and SP A14-back to square one-are\ncartridges limited to 970 kPa or can they be filled to 0.68/0.75 density per the table??\nICAOIIATA references PI 203 and SP A167 (which invokes the 6.4.4 hot water bath). PI\n203 addresses aerosols and gas cartridges but appears to limit the max pressure at 55°C\nto 1500 kPa (217 psi). This doesn't fit for nitrous oxide.\nPage 2 of3\n\n<<<PAGE 7>>>\n\nComponent Specification\nDocument Number: 10072\nNitrous Oxide Cylinder, 8 gram\nRevision: D\n7.5 GRAMS N20 / 10 ml\nFOOD GRADE • CRIMPED CLOSURE\nARTICLE No.\n0173\nPIERCABLE DIAPHIRAGAI\n_/28.7=0.2\nMIN Ø2.5\nUNPLATED THICKNESS 0.37/0.43\n10m 1== 61013\nMASS OF GAS\nMASSE DE REMPLISSAGE\nGASMASSE\n(7.5+0.25g\nN20\nWATER CAPACITY\nVOLUME\n(VOLUMEN\nMIN\n10.3ml\nMIN\nFULLDICHTE\nFILLING DENSITY\n0.75kg/l\nDESITE DE REMFLISSAGE\nMAX\nMUrDnUCK = INNCNDAUCK DEI\nTEST PRESSURE = PRESSURE OF CONTENTS AT\nPRESSION DE CONFOLE : PRESSION INTERNE A\n65:5°C\n0.75 +0.05\nWALL THICKNESS\nBURST PRESSURE OF CYLINDER\nPRESSION D'ECLATEMENT DE LA BOUTEILLE\nHEKSIUKUCK DES ZYEINDEHS\n50MPa\nMIN\n65 =0.5\nKAPPENANSTECHKRAFT\nCAP PIERCING FORCE (Si SPEC VIA.P.001X)\n450N\nFORCE DE PERCUTION\nMAX\nARBEIT EEM CURCKSTECHEN DER KAPPE\nCAF FICACING WORK (SE SPC VIA.Г.001 1)\n0.75Nm\nMAX\nTEXT LOCATION\nSUAFACE TREATMENT\nTRAYAL FOUR LA PERFORATION DU CAPUCHON\nOBERFLACHENBEHANDLUNG\nIN ACCORDANCE WITH\nlaquered\npink\nTRAITEMENT DE SURFACE\nCYLINDER MATERIAL\nPARTS LIST\nUNFILLED CYLINDER\nW-No.1.0338 EN 10139 DC04\nCAP MATERAL\nW-No. 1.0338 EN 10139 C03\n0144\nØ18 +0.2\nWASHER\n0291\nNO. SPEC 0198. E9421-99,0% PURITY N20 VIN\n:\nNOTES\n1. INTERNAL SURFACE SHALL BE CLEAN, DRY AND\n2. STORAGE TEMPERATURE LIMIT: MAX +50°C\nFREE OF RUST AND/OR LOOSE PARTICLES\n18T GmbH\nALL DRAWING DIMENSIONS IN mm\nSCALE\nAM IS GROUP COWPANY\n2:1\nSTAR\n01 302-07-10 n. Drg.\nKPR\n8g N20 / 10 ml ZYLINDER NIT BORDELKAPPE\nL3sue Date Change Name\nformation or dastriptiva matter not out BOUTEILLE DE 6 0 M2O / 10 ml A CAPUCHOW SEA\nTHIS DRAWING REPLACES\nmust not be diacioané loanad copied or vas\nharain are castidentini aad enpyright a\n0173\n(ISSUE:\nthe owners\n0173\nISSUE: 01\nProprietary & Confidential\nPage | 2of 2","truncated":false,"body_characters":13622}