Modern Safety Techniques — Hazardous Materials Safety Interpretation

Page 1U.S. Department 400 Seventh Street, S.W. of Transportation Washington, D.C. 20590 Special Programs Research and Administration NOV 3 1999 Modern Safety Techniques Mr. Charles F. Martin, P.E. Ref. No. 99-0235 11388 Breininger Road P.O. Box 87 Hicksville, Он 43526 Dear Mr. Martin: This is in response to your letter dated August 23, 1999, regarding labeling requirements for specification cylinders under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). In your letter you stated that you are shipping compressed gases in Specification 39 cylinders. Specifically you ask if it is required to place the NON-FLAMMABLE GAS label on the cylinder, or if it is sufficient to label only the strong outside packaging required under $ 173.301 (k). A hazard warning label (e.g., NON-FLAMMABLE GAS) must be placed on each non-bulk packaging. Under § 173.301(k), Specification 39 cylinders must be shipped in strong outside packagings. The cylinder and the strong outside package together constitute the package; therefore, the hazard warning label need only be affixed to the strong outside packaging. I hope this satisfies your request. Sincerely, Preparation Regulations sochanist Office of Hazardous Materials Standards 990235 172.406#

Page 2"Save BAtT Your NST 5172,406 Breath 99-0235 With MODERN SAFETY TECHNIQUES . O. Box 87 1388 Breininger Roac (819) 542-6645 (800) 542-6646 E-Mall Address: modsafe@bright.net Hicksville, OH 43526 888-MODSAFE www.modsafe.com Fax: (419) 542-6475 August 23, 1999 Mr. Edward Mazzullo Director of Office of Hazardous Matcrials Standard Washingion, DC Fax: (202) 366-3012 Dear Mr. Mazzullo: We have been in contact with personnel in the Office of Roscarch and Spccial Programs Administration (RSPA) regarding the following information: "Dear RSPA: We manufacture safety equipment and part of our system is a Carbon Monoxide (CO) monitor that requires periodic alibration. As an accessory to this devico, wo also scll calibration gascs, which are primarily compressed air, non Towever we pies costie from variu Spiasion eylinders. We do not manufaure thess gases or eylinders When shipping these calibration gases, the cylinder is packaged into a fiberboard box (rated according to our carrier's - UPS and Fed-X - requirements) and properly labeled. We are certified by UPS to ship hazardous materials. One of our newer customers has come to us and indicated that the cylinder itself must have the 4" × 4" (approx.) Green diamond shapcd label ("Non-l'lammable Cas") on il. shipped by itself and must be placed inside a box (ref CFR 49-173.301k), therefore the labeling must be placer on the According to our supplicrs (who ship millions of thosc cylinders all over the world), the DOT 39 cylinder can never be outside of the box, not the cylinder itself (since it can nover be shipped that way). Our local DOT enlorcemeni agency (regional office in Des Plaines, IL) also supported this conclusion, as well as one of our supplier's legal counsels. We have also noticed that compressed propane used for applying solder to plumbing fixtures, cle., that are found in hardware stores, supermarkets, etc., do not possess the diamond shaped lahel. is never allowed to be shipped by itself (without proper outer packaging), are we roquired to place the green diamund The question we are posing is: Since a DOT 39 Specification cylinder, containing compressed gas as indicated above, shuped label on the cylinder itself? We understand that the nuter package must contain all of the proper labcling, including the green diamond shaped label."#

Page 3Page 2. August 23, 1999 Included with this correspondence you will find a Memorandum dated August 19, 1999, from our Vice President of Operations which further clarifies the cylinders and their contents. We would appreciale a clarification regarding the above interpretation at your earliest convenience. Thank you. Charles F. Martin, P.E. President, MST, Inc. Enclosure cc: S. Fox#

Page 4August 20, 1999 INTER-OFFICE MEMO: SUBJECT: Memorandum to Shipping Depl.- August 19, 1999 -Do we nced the proper label per CFR 49, 172.415 on the cylinders of compressed gas we ship? Chuck, purchase and re-ship are labeled, i.e. 172.415. Following are the cylinders of compressed gases There seems to be an interpretation problem on how the cylinders of compressed gas we that wo purchased from a manufacture of compressed gases: A) DOT 39 specification cylinder charged with 0.6 cu. fl., 17 L at 70 F and 240 PSIG of ATR, COMPRESSED 2.2, UN1002, NON-FLAMMABLE GAS B) DOT 39 specification cylinder charged with 0.6 cu. fl., 17L at 70 Fi and 240 PSIC of FLAMMABLE GAS. COMPRESSED GAS, N.O.S. (CARBON MONOXIDE/ATR) 2.2, UN1956, NON- C) DOT 39 specification cylinders charged with 3.6 cu. ft., 103 L at 70 F and 1000PSIG of cach 2.2 gas mentioned above. The cylinders of compressed gases we re-ship are shipped the following way: Ground shipments: UPS Air shipments: UPS and FEDERAL EXPRESS We ship these cylinders) in an overpack (strong fiberboard box). The overpack is marked with er 172.415. We also mark the overpack with a statement indicating that the inside (inne o propcr shipping nam and identification number and labeled with the Green Diamond Lab packages comply with prescribed specifications since the DOT 39 cylinders are specification packagings. If you can get a written explanation/ ruling from your contact at RSPA on whether or not the label is required on the cylinder itself, it would clear up the interpretation problem. Sincerely, Stern t Steven K. Fox VP Of Opcrations, MST, Inc.#