Use of Non-Specification Cylinders in Commerce and by Private Individuals

This responds to your January 12, 2016 email regarding the applicability of the Hazardous Materials
Regulations (HMR; 49 CFR Parts 171-180) to the shipment of "UN1049, Hydrogen, compressed, 2.1"
in small (5" length, 1.5" diameter) non-specification metal cylinders. Your questions are paraphrased and answered below:

Q1. You seek confirmation that non-specification cylinders containing compressed hydrogen may not
be transported by highway or cargo aircraft as they do not meet the requirements of § 173.301 or
any of the exceptions prescribed in § 173.306.

A1. Your understanding is correct. As required by § 173.301(a)(1), compressed gases must be in UN
pressure receptacles built in accordance with the UN standards or in metal cylinders and containers
built in accordance with the DOT and ICC specifications. This requirement is applicable to all modes
of transport. In accordance with § 173.306(a)(1), when in containers of not more than 4 fluid ounces capacity (7.22 cubic inches or less), such containers are not subject to specification cylinder requirements. However, as the cylinder in your scenario exceeds a capacity of 7.22 cubic inches, this exception would not apply. For transportation by aircraft, the package must also conform to the applicable requirements of §173.27.

Q2. You seek confirmation that non-specification cylinders containing compressed hydrogen may not
be transported by highway or cargo aircraft in accordance with any of the exceptions authorized in § 173.306, as the gas is pressurized up to 1800 psi and therefore does not meet any of the conditions provided in the section.

A2. Your understanding is correct. The cylinders described in your scenario do not meet any of the conditions for exception prescribed in § 173.306.

Q3. You note that Special Permit DOT-SP 7607 (Twelfth Revision), which authorizes compressed hydrogen on passenger aircraft under certain conditions, expired on March 31, 2015. You seek confirmation that an individual may not use this permit after the expiration date unless stated otherwise.

A3. Your understanding is correct. A packaging referenced in a special permit authorizing the manufacture, mark, sale, and use of a packaging cannot be used after the special permit's expiration date unless the holder of the special permit requested a renewal prior to the expiration of the current special permit.

Q4. You ask whether a renewal request has been granted for DOT-SP 7607?

A4. A modification and renewal were requested. Both the modification and renewal applications were denied on August 4, 2016.

Q5. Being a rental and service company, you ask if the same non-specification cylinder described above may be provided to your customers "over the counter" when filled with compressed hydrogen.

A5. Section 171.1(b) and (c) provides that requirements of the HMR apply to each person who offers a hazardous material for transportation in commerce and the transportation of a hazardous material in commerce. The transportation of a hazardous material by a private individual for non-commercial personal use is not considered transportation in commerce. Therefore, the requirements of the HMR are not applicable to fillers (offerors) or private individuals for the use, recharging, or transportation of cylinders by private individuals for personal use. However, an offeror renting cylinders filled with a hazardous material to a commercial client, and the subsequent transport by that client, would be subject to the requirements of the HMR.