Kajuligan, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 October 21, 2021 Mr. Cliff Croft Kajuligan, Inc. S881 Donny Hill Road Elburn, IL 60119-9655 Reference No. 21-0068 Dear Mr. Croft: This letter is in response to your June 29, 2021, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the classification of breathing oxygen (Boost Oxygen® brand) canisters. Specifically, you ask whether Boost Oxygen® canisters—which contain greater than 95% oxygen—should be classified as “UN3156, Compressed gas, oxidizing, n.o.s. (oxygen), 2.2” or “UN1072, Oxygen, compressed, 2.2.” Under § 173.22, it is the shipper’s responsibility to class and describe a hazardous material. This Office does not normally perform this function. The hazard class is determined based on the predominant chemical composition and hazard properties of the material as it is being offered for transportation. However, it is the opinion of this Office that Boost Oxygen® is at least 96% molecular oxygen and should be described as accurately as possible by the proper shipping name. If this understanding is correct, under “UN3156,” this material would be described as “Compressed gas, oxidizing, n.o.s. (oxygen), 2.2,” while under “UN1072,” this material would be described as “Oxygen, compressed, 2.2.” The “UN3156” identification number allows for other oxidizers to be present, potentially with molecular oxygen being in the minority of the mixture.#

Page 2At a minimum of 96% molecular oxygen content, oxygen is the dominant component of the material and, therefore, is best suited to be classed as “UN1072, Oxygen, compressed, 2.2.” I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 3Pollack 21-0068 From: INFOCNTR (PHMSA) To: Hazmat Interps Subject: FW: FW: info regarding Boost Oxygen Date: Tuesday, June 29, 2021 4:49:40 PM Attachments: SP 10704-EX 05.06.2020.pdf SDS- Boost Oxygen Medium and Large Cans.pdf BoostOxygenLabel 2019.pdf BOOST_22oz-Can_Natural_4-19_REFERENCE.pdf Hello, Attached and below is a request for letter of interpretation. Thanks, Jonathon, HMIC From: Cliff Croft <cliff.e.croft@gmail.com> Sent: Tuesday, June 29, 2021 1:32 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: Fwd: FW: info regarding Boost Oxygen CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the sender and know the content is safe. I would like to get a formal ruling on the classification of Boost Oxygen (SDS attached). The manufacturer is classifying as UN3156, Compressed gas oxidizing n.o.s for a material which is greater than 95% Oxygen compressed. By selecting the UN3156 description the manufacturer is utilizing DOT-SP10704 (attached) which allows for labeling and documentation exceptions for ground transportation that are not available for a UN1072. I would like to get clarification on whether the description selected manufacture is correct and acceptable or if the description should be UN1072 Oxygen Compressed. Thank you, Cliff Croft Kajuligan, Inc S881 Donny Hill Rd, Elburn, IL 60119 913-522-1036#