{"operation":"document","citation":"15-0234","title":"GBLTSC Inc. an ENCISO Industries Co. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2016-05-05","effective_on":null,"summary":"15-0234 response to GBLTSC Inc. an ENCISO Industries Co. concerning 173.115.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0234.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0234.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0234","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/150234.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMaterials Safety\nPipeline and Hazardous\nAdministration\nMAY 0 5 2016\nOscar Enciso\nGBLTSC Inc. an ENCISO Industries Co.\n1551 NW 82 Avenue\nDoral, FL 33126\nRef. No. 15-0234\nDear Mr. Enciso:\nThis responds to your November 20, 2015 email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether the\ncontents of an emptied oxygen cylinder are subject to the HMR as a hazardous material.\nNo. In accordance with § 173.115(b), a Division 2.2 gas is a non-flammable, non-poisonous\ncompressed gas that includes compressed gas, liquefied gas, pressurized cryogenic gas,\ncompressed gas in solution, asphyxiant gas, and oxidizing gas (emphasis added). Therefore,\nthe contents of a non-pressurized cylinder (a cylinder that exerts a gauge pressure of less than\n200 kPa at 20 °C) that previously contained a Division 2.2 gas, including one with an oxidizer\nsubsidiary hazard, no longer meets the definition of a Division 2.2 gas and is not subject to the\nrequirements of the HMR. However, if a cylinder is marked to represent that it has been\nmanufactured to a DOT specification or UN Standard in Part 178, it is still subject to all\napplicable requirements of Part 178 and continuing qualification and maintenance\nrequirements of Part 180.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kindere\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nCiccarono\n§173.29\nDodd, Alice (PHMSA)\n92a34\nResponsibity\nFrom:\nGeller, Shelby CTR (PHMSA)\nSent:\nTuesday, November 24, 2015 4:40 PM\nTo:\nHazmat Interps\nSubject:\nFW: Requesting a formal letter of interpretation. concerning UN1072 Oxygen\nCompressed class 2.2 Ref Letter No. 09-0264\nDear Shante and Alice,\nForwarded is a request for a formal letter of interpretation. Mr. Enciso's mailing address is:\n1551 NW 82 Avenue\nDoral, Florida 33126\nThanks,\nShelby\nFrom: Oscar Enciso [mailto:oscar@iacsecuritycompliance.com]\nTo: INFOCNTR (PHMSA)\nSent: Friday, November 20, 2015 10:17 AM\nCc: oscar@iacsecuritycompliance.com; oscar@dgsecure.org\nSubject: Requesting a formal letter of interpretation. concerning UN1072 Oxygen Compressed class 2.2 Ref Letter No.\nDear Sirs,\nI am seeking clarification as to the letter Ref. No. 09-0264.\nJust needing further clarification on this issue, as written in CFR 49 173.29, mentions in paragraph (b), Notwithstanding\nthe requirements of paragraph (a) of this section, an empty packaging is not subject to any other requirements of\nthis subchapter if it conforms to the following provisions:\nor placards, and any other markings indicating that the material is hazardous (e.g., RQ, INHALATION HAZARD)\n(1) Any hazardous material shipping name and identification number markings, any hazard warning labels\nare removed, obliterated, or securely covered in transportation. This provision does not apply to transportation\nin a transport vehicle or a freight container if the packaging is not visible in transportation and the packaging is\nloaded by the shipper and unloaded by the shipper or consignee;\n(2) The packaging—\n(i) Is unused;\n(ii) Is sufficiently cleaned of residue and purged of vapors to remove any potential hazard;\npackaging no longer poses a hazard; or\n(iii) Is refilled with a material which is not hazardous to such an extent that any residue remaining in the\n(iv) Contains only the residue of—\n(A) An ORM-D material; or\n1\n\n<<<PAGE 3>>>\n\ngauge pressure less than 200 kPa (29.0 psig); at 20 °C (68 °F); and\n(B) A Division 2.2 non-flammable gas, other than ammonia, anhydrous, and with no subsidiary hazard, at a\nhazardous substance, a hazardous waste, or a marine pollutant.\n(3) Any material contained in the packaging does not meet the definitions in §171.8 of this subchapter for a\nThe question is related to (B), as Oxygen compressed UN1072, IS A 2.2 NON-FLAMMABLE GAS, and also an OXIDIZER,\ntaken into account as the GAS itself, as is leaves no residue in the cylinder?\nbeing the secondary risk. Is it the position of the Department of Transportation that the Oxidizer secondary risk it's\nThis is very important to have clarify as it defines wither or not Oxygen compressed meets the exemption as it is\nmentioned in the letter reference above.\nI thank you in advance for your help and support regarding this matter.\nRespectfully,\nOscar Enciso\nPresident\nGBLTSC Inc. an ENCISO Industries Co.\nPhone: (305) 592-1661 Fax: (305) 910-0083\nwww.iacsecuritycompliance.com\nThis message is intended only for the use of the individual or entity to which it is addressed and may\ncontain information that is privileged, confidential and exempt from disclousure under applicable law. If\nthe reader of this message is not the intended recipient, you are hereby notified that any dissemination,\ndistribution or copying of this communication is strictly prohibited. If you have received this\ncommunication in error, please notify us immediately by reply email.","truncated":false,"body_characters":5069}