{"operation":"document","citation":"15-0094","title":"Viking Packaging — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-09-10","effective_on":null,"summary":"15-0094 response to Viking Packaging concerning 173.219, 173.302.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0094.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0094.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0094","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/150094.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, DC 20590\n1200 New Jersey Avenue SE\nMaterials Safety\nPipeline and Hazardous\nAdministration\nSEP 10. 2015\nLes Adolph\nViking Packaging\n5505 North Bird Creek Ave.\nCatoosa, OK 74015\nRef. No. 15-0094\nDear Mr. Adolph:\nThis responds to your e-mail of March 19, 2015 requesting clarification on the packaging\nrequirements applicable to life-saving appliances under the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180). Specifically, you have asked if a life-saving appliance with a\ncompressed oxygen cylinder would require an outer packaging that meets the flame\npenetration and thermal protection standards set forth in §§ 173.302(f)(3)(ii) and\n173.302(f)(4), respectively, when shipped by air.\nThe answer is yes. Under § 173.219(b), life-saving appliances containing Division 2:2\ncompressed or liquefied gases, such as compressed oxygen, \"must be packaged in cylinders in\naccordance with the requirements of this subchapter [the HMR].\" It is the opinion of this\nOffice that the language in § 173.219(b) requires a life-saving appliance with a compressed\noxygen cylinder to be packaged in an outer packaging that meets both the flame penetration\nand thermal protection standards. In particular, per § 173.302(f)(3)(ii), the cylinder must be\nplaced in a rigid outer packaging that is capable of passing the Flame Penetration Resistance\nTest in Appendix E to part 178. Per § 173.302(f)(4), the cylinder and the outer packaging\nmust be capable of passing the Thermal Resistance Test specified in Appendix D to part 178.\nI hope this answers your inquiry. If you need additional assistance, please contact this Office\nagain.\nSincerely,\nDirk Der Kınderen\nActing Chief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\n•\nLesko\n§173.219\nRife saving Appliances\nDodd, Alice (PHMSA)\n15-05094\nFrom:\nKelley, Shane (PHMSA)\nSent:\nThursday, May 07, 2015 10:57 AM\nCc:\nTo:\nDodd, Alice (PHMSA); Goodall, Shante CTR (PHMSA)\nBetts, Charles (PHMSA)\nSubject:\nFW: Question on PHMSA position on new small aircraft lavatory cylinders\nAlice/Shante,\nCould you kindly log this email from Mr. Adolph in as a formal request for interpretation? Please also include the below\nemail chain so the drafter is aware of the communication we have had to date. Anything we can do to expedite this\nresponse would be much appreciated.\nThanks so much!\n-Shane\nFrom: Kelley, Shane (PHMSA)\nSent: Thursday, May 07, 2015 10:52 AM\nTo: Les Adolph\nCc: Betts, Charles (PHMSA); Pfund, Duane (PHMSA); Foster, Glenn (PHMSA)\nSubject: RE: Question on PHMSA position on new small aircraft lavatory cylinders\nLes,\nAppreciate the follow-up by phone on this issue today and my apologies for the delay in finalizing a response. After\nfurther review, the question you've asked is slightly different than that which was posed by Bombardier and as such the\nformal response we've had in coordination won't address the key point you have raised. Bombardier's incoming simply\nasked whether the generators assembled and ready for installation (replete with the panel/mask etc) may be described\nas life saving appliances. Your question is whether such assemblies, if properly described as life saving appliances, would\nbe subject to the FP packaging in the same manner as the component cylinders shipped separately. Clearly the\nimplications here are significant and we want to make sure the answer we give is fully coordinated. To facilitate, as per\nour discussion today, we'll log your email as a formal request for interpretation to ensure a full review to include our\nFAA partners, legal counsel, etc. and work to get a response to you as expeditiously as possible.\nYou've as usual asked a great question that has already led to quite a bit of discussion here! Thanks so much for your\npatience as we sort this out, and as always it is a pleasure working with you.\nKind regards,\nShane\n-----Original Message-..-.\nFrom: Les Adolph [mailto:ladolph@vikingpacking.com]\nSent: Friday, March 20, 2015 11:42 AM\nTo: Kelley, Shane (PHMSA)\nCc: Benedict, Robert (PHMSA); Pfund, Duane (PHMSA); Foster, Glenn (PHMSA)\nSubject: RE: Question on PHMSA position on new small aircraft lavatory cylinders\n1\n\n<<<PAGE 3>>>\n\nShane, I think Bombardier may have already provided this but just in case you don't have access to it, this information\nmay be helpful.\nRegards,\nLes\n-----Original Message-----\nFrom: shane.kelley@dot.gov[mailto:shane.kelley@dot.gov]\nSent: Friday, March 20, 2015 8:59 AM\nTo: Les Adolph\nCc: robert.benedict@dot.gov; Duane.Pfund@dot.gov; Glenn. Foster@dot.gov\nSubject: RE: Question on PHMSA position on new small aircraft lavatory cylinders\nLes,\ncoordinated response.\nCharles is out of Office but forwarded your below inquiry. We are working on it and will get back to you once we have a\nAll the best,\nShane\nFrom: Betts, Charles (PHMSA)\nSent: Thursday, March 19, 2015 11:21 AM\nTo: Kelley, Shane (PHMSA); Foster, Glenn (PHMSA)\nCc: Benedict, Robert (PHMSA); Pfund, Duane (PHMSA)\nSubject: Fw: Question on PHMSA position on new small aircraft lavatory cylinders\nSent from my BlackBerry 10 smartphone on the Verizon Wireless 4G LTE network.\nFrom: Les Adolph <ladolph@vikingpacking.com>\nSent: Thursday, March 19, 2015 11:17 AM\nTo: Betts, Charles (PHMSA)\nSubject: Question on PHMSA position on new small aircraft lavatory cylinders\nCharles, sorry to bother you as I had tried to reach out to Glenn Foster with my question but have been unable to make\ncontact with Glenn. A few years back when the FAA perceived a threat to the air carriers for the oxygen generators used\nin aircraft lavatories they issued an AD that required US air carriers to remove the generators, now they are requiring\nreinstallation of small compressed oxygen cylinders in the lavatories. A question we are getting is when the cylinder is\ninstalled in the panel with the breathing mask, is it still considered oxygen, compressed UN1072 or is it considered a Life-\nsaving appliance not self inflating UN3072? My opinion is that it clearly falls under UN3072 but Viking's dilemma is that\nwe have customers who are asking us if they must use a DOT31FP type container that meets the flame penetration,\nthermal protection requirements when shipping by air? No issue on the cylinder itself as it clearly would fall under the\nUN1072 but it is the panel when containing the cylinder that is raising the questions. Viking is reluctant to go out and\nspend a lot of money on developing a compliant DOT31FP container when it is a likely possibility that PHMSA would\ninterpret the UN3072 as I believe it meets so I'm needing to either get an emergency interp of at least a feeling of\nPHMSA position on this as the air carriers are getting nervous about how they will be moving them. You can reach either\nmyself at my cell at 918-809-1133 or go through the Viking switchboard at 800-788-8525 and ask for either I or Ben\nWeaver who is also familiar with this issue. I'm not asking you specifically to respond but if you can get this to the right\nperson to address it that would be great. Bombardier may already have a request for clarification out there as well?\n2\n\n<<<PAGE 4>>>\n\nThanks and regards,\nLes Adolph\nConsultant for Viking Packing Specialist ladolph@vikingpacking.com The information in this e-mail from Viking Packing\nSpecialist is confidential and may be legally privileged. It is intended solely for the addressee. Access to this e-mail by\nanyone else is unauthorized. If you are not the intended recipient, be advised that you have received this e-mail in error\nand that any use, dissemination, forwarding, printing or copying is strictly prohibited. If you receive this e-mail in error,\nplease immediately notify the sender via reply e-mail and delete this communication. The information in this e-mail\nfrom Viking Packing Specialist is confidential and may be legally privileged. It is intended solely for the addressee. Access\nto this e-mail by anyone else is unauthorized. If you are not the intended recipient, be advised that you have received\nthis e-mail in error and that any use, dissemination, forwarding, printing or copying is strictly prohibited. If you receive\nthis e-mail in error, please immediately notify the sender via reply e-mail and delete this communication.\nThe information in this e-mail from Viking Packing Specialist is confidential and may be legally privileged. It is intended\nsolely for the addressee. Access to this e-mail by anyone else is unauthorized. If you are not the intended recipient, be\nadvised that you have received this e-mail in error and that any use, dissemination, forwarding, printing or copying is\nstrictly prohibited. If you receive this e-mail in error, please immediately notify the sender via reply e-mail and delete\nthis communication.\nThe information in this e-mail from Viking Packing Specialist is confidential and may be legally privileged. It is intended\nsolely for the addressee. Access to this e-mail by anyone else is unauthorized. If you are not the intended recipient, be\nadvised that you have received this e-mail in error and that any use, dissemination, forwarding, printing or copying is\nstrictly prohibited. If you receive this e-mail in error, please immediately notify the sender via reply e-mail and delete\nthis communication.\nThe information in this e-mail from Viking Packing Specialist is confidential and may be legally privileged. It is intended\nsolely for the addressee. Access to this e-mail by anyone else is unauthorized. If you are not the intended recipient, be\nadvised that you have received this e-mail in error and that any use, dissemination, forwarding, printing or copying is\nstrictly prohibited. If you receive this e-mail in error, please immediately notify the sender via reply e-mail and delete\nthis communication.\nThe information in this e-mail from Viking Packing Specialist is confidential and may be legally privileged. It is intended\nsolely for the addressee. Access to this e-mail by anyone else is unauthorized. If you are not the intended recipient, be\nadvised that you have received this e-mail in error and that any use, dissemination, forwarding, printing or copying is\nstrictly prohibited. If you receive this e-mail in error, please immediately notify the sender via reply e-mail and delete\nthis communication.\nThe information in this e-mail from Viking Packing Specialist is confidential and may be legally privileged. It is intended\nsolely for the addressee. Access to this e-mail by anyone else is unauthorized. If you are not the intended recipient, be\nadvised that you have received this e-mail in error and that any use, dissemination, forwarding, printing or copying is\nstrictly prohibited. If you receive this e-mail in error, please immediately notify the sender via reply e-mail and delete\nthis communication.\nThe information in this e-mail from Viking Packing Specialist is confidential and may be legally privileged. It is intended\nsolely for the addressee. Access to this e-mail by anyone else is unauthorized. If you are not the intended recipient, be\nadvised that you have received this e-mail in error and that any use, dissemination, forwarding, printing or copying is\nstrictly prohibited. If you receive this e-mail in error, please immediately notify the sender via reply e-mail and delete\nthis communication.\nThe information in this e-mail from Viking Packing Specialist is confidential and may be legally privileged. It is intended\nsolely for the addressee. Access to this e-mail by anyone else is unauthorized. If you are not the intended recipient, be\nadvised that you have received this e-mail in error and that any use, dissemination, forwarding, printing or copying is\nstrictly prohibited. If you receive this e-mail in error, please immediately notify the sender via reply e-mail and delete\n3\n\n<<<PAGE 5>>>\n\nthis communication. The information in this e-mail from Viking Packing Specialist is confidential and may be legally\nprivileged. It is intended solely for the addressee. Access to this e-mail by anyone else is unauthorized. If you are not the\nintended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding,\nprinting or copying is strictly prohibited. If you receive this e-mail in error, please immediately notify the sender via reply\ne-mail and delete this communication.","truncated":false,"body_characters":12354}