{"operation":"document","citation":"14-0098","title":"Complete Compliance Services — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-12-03","effective_on":null,"summary":"14-0098 response to Complete Compliance Services concerning 172.102, 173.168, 173.56.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0098.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0098.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0098","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2014/140098.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nPipeline and Hazardous\nAdministration\nMaterials Safety\nDEC 1 3 2014\nMr. Len Satkowski\nPrincipal\nComplete Compliance Services\n7727 Parkside Ave.\nBurbank, IL 60459\nRef. No.: 14-0098\nDear Mr. Satkowski:\nThis responds to your May 15, 2014 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to oxygen generators. Your\nscenarios and questions are summarized and addressed as follows:\nQ1: You have a customer that assembles and ships Passenger Service Units (PSU)\ncontaining oxygen generators but does not place the EX numbers on the PSU package. You\nask if the outside package must be marked with the EX approval number associated with the\nindividual oxygen generator contained within.\nAl: The answer is no. As specified in § 173.168, there is no requirement to place the EX\nnumber on an outside package containing a chemical oxygen generator. However, under §\n173.168(d), the outside surface of equipment containing a chemical oxygen generator that is\nnot readily apparent (e.g., a sealed passenger service unit) must be clearly marked to indicate\nthe presence of the oxygen generator (example: \"Oxygen Generator Inside\").\nQ2: The company referenced above has an affiliated company that manufactures chemical\noxygen generators and has several EX numbers. Each time the affiliated company creates a\nnew stock number it applies for a new EX number although the same explosives/primer is\nused in all other generators. You ask when is a new EX number required for chemical\noxygen generators?\nA2: As provided in § 173.56(a)(2), a previously approved explosive (or new oxygen\ngenerator) with a design change is considered a new explosive and must be examined and\napproved by the Associate Administrator under the provisions of Part 107 Subpart H.\nHowever, if the chemical oxygen generator retains the exact same design and drawing\nnumber as approved under the EX approval, a change in a part number would only require a\nmodification under § 107.709.\n\n<<<PAGE 2>>>\n\nQ3:\nYou ask if, prior to the final rule entitled \"Chemical Oxygen Generators\" under\nDocket No. PHMSA-2009-0238 (HM-224G) published on October 15, 2009 [74 FR\n5289], PSU manufactures were required to display the Competent Authority (CA)\nnumber on a shipment of a PSU which was not in compliance with EX number\nrequirements.\nA3:\nThe answer is yes. Prior to the publication of HM-224G, the CA number was required\nto be marked on the outside packaging per Special Provision 60 of § 172.102, Special\nProvisions.\nYou ask if the PSU manufacturer is required to put an EX number on the outer\npackage of the oxygen generator since it does not make the oxygen generator. You\nstate that the outer package meets all of the marking requirements in § 173.168.\nA4:\nSee Al.\nYou ask in the event a PSU containing a chemical oxygen generator needs to be\nreturned to the manufacturer, may you use the EX number provided to the generator\nmaker?\nA5:\nThe answer is yes. The manufacturer's EX number may be utilized on the PSU\ncontaining a chemical oxygen generator for shipments returned to the manufacturer.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\nI Ann Fost\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n2\n\n<<<PAGE 3>>>\n\nAndrews\n$173.56.\n• Drakeford, Carolyn (PHMSA)\nExplosives\nSent:\nFrom:\nMonday, May 19, 20148:40 AM\nFoster, Glenn (PHMSA)\n14-0098\nTo:\nCc:\nDrakeford, Carolyn (PHMSA)\n(PHMSA); Goodall, Shante CTR (PHMSA)\nBetts, Charles (PHMSA); Benedict, Robert (PHMSA); Kelley, Shane (PHMSA); Doda, Alice\nSubject:\nFW: EX numbers for Oxygen Generators\nImportance:\nHigh\nCarolyn,\nPlease check in the attached as a formal request for a letter of interpretation and assign.\nThanks,\nGlenn\nFrom: Fink, William (PHMSA)\nSent: Friday, May 16, 2014 11:46 AM\nTo: Len Satkowski (len.satkowski@gmail.com)\nSubject: FW: EX numbers for Oxygen Generators\nImportance: High\nMr. Satkowski,\nThank you for allowing me to ask some clarifying questions and chat concerning the shipment of 02 Generators in PSU's.\nMy quick comments follow, an official response will be provided via an interpretation letter.\n1. PSU's are shipped clearly marked \"Oxygen Generator Inside\" does the PSU and the outside packaging also need\nto be marked with the EX approval number associated with the individual 02 Generator contained\ntherein? PHMSA will research and answer the question via an interpretation letter to be issued at a later date.\n2. The definition of a new explosive (or new 02 generator) is found in 49 CFR 173.56, design changes that meet the\ndefinition of a new explosive must be submitted to a US DOT Explosives test lab for evaluation. When the part\ndoes not change, new part number only, that is the exact same design, made to the exact same drawing number,\nas the 02 Generator already approved, the manufacture of the 02 Generator must apply for a \"part\nnumber/name change\" modification in accordance with 49 CFR 107.709.\n3. Researching CA approvals initially issued for 02 Generators, the CA (Competent Authority) number was required\nto be marked on the outside packaging.\n4. Statement- no action required.\n5. See 1 above.\n6. EX numbers are issued to manufacturers of the 02 Generators. The manufacturer's EX number may be utilized\nwhen offering a 02 Generators for transportation.\nWe further discussed the process associated with assembling a PSU:\na. Personnel assembling PSU's pull from the warehouse the appropriate 02 generator from the storage shelf.\nb. O2 Generators stored on the shelf are not stored with their associated EX number as no EX number is marked on\nthe 02 Generator. (What EX applies is therefore in question.)\nc. Personnel assembling the PSU's have no way of knowing what EX number is associated with the PSU they just\npulled from the shelf.\n1\n\n<<<PAGE 4>>>\n\nd. No EX number is marked on the PSU, marked on the PSU is \"Oxygen Generator Inside\"\n• (Should all PSU's be\nrequired to be permanently marked with the associated EX number)\nAgain your questions will be forwarded to our Standards Group for a formal response.\nBill Fink\nFrom: Len Satkowski [mailto:len.satkowski@gmail.com]\nTo: Fink, William (PHMSA)\nSent: Thursday, May 15, 2014 10:05 AM\nImportance: High\nSubject: EX numbers for Oxygen Generators\nBill\nfollowing is my dilemma:\nWe talked several days ago regarding explosive testing for 02 generators and the assignment of EX numbers under 173.56. The\n1. I have a customer that assembles and ships Passenger Service Units (PSU) containing 02 generators and they are like all\nmanufactures of PSUs not placing EX numbers on packages of PSUs.\n2. This company has a sister company that manufactures the 02 generators and has several EX numbers. Each time they\nmake a new stock number they apply for a new EX number even though the explosive/primer involved is the same as\nbeing used in all other generators.\n3. Prior to the adoption of HM 224F, the PSU manufacture had like all manufactures had CA numbers to cover the\nshipment of the PSU which did not make reference to EX requirements.\n4. Both companies meet the packaging requirements of 49 CFR 173.168(d)\n5. Does the PSU manufacture need to put an EX number on the outer package of the 02 generator since they do not make\n02 generator? The outer package meets all of the marking requirements of 173.168.\n6. In the event the PSU people need to return an 02 generator to the generator, may they use the EX number provided to\nthe generator maker, or do they need to file for party status to the EX number?\nBill I would appreciate a prompt response as this effects thousands of shipments a month by all modes of transportation, both\ndomestically and internationally, not to mention PSUs containing 02 generators being returned from airlines to FAA repair\nstations. Thanks again for your time. Below is my contact information.\nLen\nLen Satkowski\nPrincipal\nComplete Compliance Solutions\n7727 Parkside Ave\nBurbank, IL 60459\nLen.satkowski@gmail.com\n312-515-4446\n2","truncated":false,"body_characters":8113}