{"operation":"document","citation":"12-0095","title":"Guerilla Air — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-10-03","effective_on":null,"summary":"12-0095 response to Guerilla Air concerning 173.301, 173.306.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0095.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0095.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0095","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120095.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue SE\nWashington. DC 20590\nOCT 0 3 2012\nMr. Sam Newman\nPresident\nGuerilla Air\n14111 S. Kingsley Dr.\nGardena, CA 90249\nReference No.: 12-0095\nDear Mr. Newman:\nThis is in response to your April 12, 2012 e-mail requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180). You ask several questions\npertaining to the production of aluminum cylinders that do not exceed 4 t1uid ounces water\ncapacity, to be used for carbon dioxide service. Your questions are paraphrased and\nanswered as follows:\n01. How is the maximum water capacity of the cylinders measured?\nAl. The maximum water capacity of a cylinder is measured by filling the cylinder to the\nbase of the neck, at the point where the threads inside the neck of the cylinder end and the\nshoulder of the cylinder begins to t1are out away from the neck. The threaded portion of\nthe neck is designed to accept the valve assembly and is not intended to be included in the\nvolumetric capacity of the cylinder.\n02. In accordance with§ 173.306(1), can three of the described individual cylinders be\nplaced in communication with each other using an apparatus (manifold) and be shipped by\nground using the ORM-D designation?\nA2. Yes, provided certain conditions are met. In accordance with§ l73.306(a)(1) and\n§ 173.306(a) respectively, the individual cylinders must not exceed 4 fluid ounces capacity\nand each package must not exceed 30 kg (66 pounds) gross weight. In addition, to meet\nthe 4 fluid ounce capacity limitation provided by§ 173.306(a)(l) each cylinder in the\nassembly would have to be isolated with a positive restriction or a shutoff valve that\nremains tightly closed in transit. Also, in accordance with§ l72.316(a)(2), as of\nDecember 31, 2013, the ORM-D designation will no longer be available for ground\ntransportation. However, in response to a final rule published on January 19, 2011 (HM-\n215K; 76 FR 3308) that adopted this sunset date for the use of the ORM-D designation,\nadministrative appeals have been filed requesting an additional period of time to continue\nusing this designation. We intend to address these appeals in a future rulemaking.\n\n<<<PAGE 2>>>\n\nQ3. Do the described cylinders have to meet the manifolding conditions provided in\n§ 173.301 (g) when charged with Division 2.2 carbon dioxide?\nAJ. The cylinders must meet the manifolding requirements of§ 173.301 (g). In\naccordance with§ 173.301(g)(l), the Division 2.2 carbon dioxide gas is not subject to the\nrequirement for individual shutoff valves that are securely closed while in transit.\nHowever, if the individual cylinders are not isolated as discussed in A2 the limited quantity\nand ORM-D designation exceptivns provided in§ 173.306 would not be available.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\nR~iH·\nSenior Regulatory Advisor\nStandards and Rulemaking Division\n-------------\n~--------\n\n<<<PAGE 3>>>\n\n.\nBa0re!h\ng l/3.304 SJ I inders\nDrakeford, Carolyn (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nFoster, Glenn (PHMSA)\nThursday, April12, 2012 3:25PM\nDrakeford, Carolyn (PHMSA)\nFW: Clarification of 173.306 (i)\nCarolyn,\nHere is the consolidate request from Mr. Newman.\nThanks,\nGlenn\nFrom: sam@ysnimports.com [mailto:sam@ysnimports.com] On Behalf Of Sam Newman\nSent: Thursday, April 12, 2012 2:55 PM\nTo: Foster, Glenn (PHMSA)\nCc: Billings, Delmer (PHMSA)\nSubject: Re: Clarification of 173.306 (i)\nDear Mr. Foster,\nI am working on a project and I would appreciate your help with some clarification.\nWe want to produce an aluminum cylinder of Co2 that does not exceed 4 fluid ounces water capacity and filled\nin accordance to the limits specified in 173.304.\n• How do you measure the four fluid ounce maximum water capacity?\nIs the measurement to the top rim of the cylinder (when the valve is threaded in the cylinder neck\nthere is water displacement)? Alternatively is the measurement taken by measuring the\ndisplacement from the valve and compensating the lost space by increasing the overall capacity\n(still insuring that the water capacity is less then 4 fluid ounces)?\n• In accordance with 173.306 (i) Can I take three individual containers as described above and put them\nin communication with each other using an apparatus and still ship them by ground using the ORM-D\nlabel (the gross weight of the entire package would not exceed the 30kgs. allowed)?\n• Do the cylinders (173.304) have to meet the manifolding conditions in 173.301(0) (ii) when\ntransporting division 2.2 Co2 gas?\nThank you in advance for your assistance,\nSam Newman\nPresident\nGuerrilla Air\n1\n\n<<<PAGE 4>>>\n\n14111 S. Kingsley Dr.\nGardena, CA 90249\nTel. (310)715-1122\nFax.(3 10)715-1199\nThis email message and any attachments are solely for the use of the intended recipient( s) and may contain\nconfidential and/or privileged information. Any unauthorized use, review, disclosure or distribution is\nprohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies\nof the original message and attachments.\n2","truncated":false,"body_characters":5169}