Director Spectra Gases, Inc. — Hazardous Materials Safety Interpretation

Page 1: 4 of Transportation U.S.Department 400 Seventh Street, S.W. Research and Washington, D.C. 20590 Special Programs Administration AUG 28 1998 Ms. Elaine Bradford Safety/Regulatory Affairs Director Ref. No. 98-0237 Spectra Gases, Inc. 3434 Route 22 West Branchburg, NJ 08876 Dear Ms. Bradford: This is in response to your letter dated July 20, 1998, requesting clarification on the proper classification of your gas mixtures under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, as stated in your letter, an overseas customer is requesting that you furnish documentation from this Department to confirm that Spectra Gases, Inc. has correctly classified the gas mixture in question. •: Under 49 CFR 173.22, it is the shipper's responsibility to properly classify a hazardous material: Such determinations are not required to be verified by this Office. manufacturer of a material has the knowledge to properly classify Generally, the to initial shipment. and is required to properly classify the hazardous material prior I hope this satisfies your request. : Sincerely, Debor Hill elmer F. Billino. Chief, Standards Development Office of Hazardous Materials Standards#

Page 2- Boothe SPECTRA GASES 5G SH322 3434 Route 22 West • Branchburg, NJ 08876 USA Tel: (908) 252-9300 • (800) 932-0624 • Fax: (908) 252-0811 Twitty July 20, 1998 $173.22 D.O.T. Office of Hazardous Materials Standards Mr. Ed Mazzullo, Director 400 Seventh Street S.W. follow-up Washington, D.C. 20590 Dear Mr. Mazzullo: 198-0237 I have been referred to your office by Richard Tarr (one of DOT's chemists) whom I reached after speaking with Harpreet Singh in the Competent Authority Division. We have an overseas customer requesting that we furnish documentation from D.O.T. to confirm that Spectra Gases, Inc. has correctly classified the gas mixture in question manufacturer/shipper, not by DOT. We provided then with relevant 49 CFR regulations regarding Spectra Gases, Inc. has informed our customer that proper shipping names are assigned by the lassification of gas mixtures and with our classification process for this mixture in particular. Our ustomer remains unconvinced that Spectra Gases, Inc. is the final authority regarding assignment of this - with documentation provided by DOT Competent Authority (see attached --dated 1985?). proper shipping name/classification. Their opinion is probably strongly based on their previous experience documentation. Sincerely, Elime Bundlend Elaine Bradford Safety/Regulatory Affairs Director Fax: 908-252-0811 Phone: 908-252-9300 ext 230 E-mail: ElaineB@,SGI-East.spectra-gases.com (ale 29 1985 (1) document from US DOT Competent Authorily for the United States (2) specifications of compressed gas mix in question (55 components, each at 1ppm; balance Nitrogen) USA • United Kingdom • Germany • Japan 150 9002#