# Trinity Manufacturing, Inc. — Hazardous Materials Safety Interpretation

**Citation:** 09-0228  
**Type / status:** guidance / guidance  
**Agency:** Pipeline and Hazardous Materials Safety Administration  
**Effective:** Not stated  
**Published:** 2010-01-20

09-0228 response to Trinity Manufacturing, Inc. concerning 171.23, 173.227, 173.40.

## Document text

<<<PAGE 1>>>

U.S. Department of Transportation 1200 New Jersey Ave. S,E,
Washington. D,C, 20590
Pipeline and Hazardous Material
Safety Administration
JAN 2 0 2010
Ms. Karen Messana
EHS & Regulatory Compliance Manager
Trinity Manufacturing, Inc.
11 E.V. Hogan Drive
Hamlet, NC 28345
Ref. No. 09-0228
Dear Ms. Messana:
This responds to your letter regarding the use of requalified foreign cylinders for the
packaging of toxic by inhalation liquids under the Hazardous Materials Regulations (HMR;
49 CFR Parts 171-180). Specifically, you ask whether cylinders manufactured in accordance
with the European ADR standard are permitted without further approval to package a
Division 6.1, Hazard Zone B liquid (Chloropicrin, UN1580) under §§ 173.40 and 173.227 of
the HMR once they are requalified in the United States as specified in § 171.23. Once
successfully retested and refilled, the cylinders would be exported to a destination outside the
United States.
The answer to your question is no. The conditions for packaging materials toxic by inhalation
under international standards are specified in § 171.23(b )(10) which requires such materials to
be packaged in accordance with the HMR. Section 173.227(a) specifies that a Hazard Zone B
toxic liquid must be packaged in a seamless or welded DOT specification cylinder or a
seamless UN standard cylinder conforming to § 173.40. Section 173.40 prescribes the
specific requirements for the packaging of toxic materials in cylinders.
[trust this satisfies your inquiry. Please contact us if we can be of further assistance.
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards

<<<PAGE 2>>>

Stevens Page 1 of2
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From: Betts, Charles (PHMSA) D q ... 0ZL ~
Sent: Friday, October 02,200910:13 AM
To: Drakeford, Carolyn (PHMSA)
Cc: Gorsky, Susan (PHMSA); Kelley, Shane (PHMSA); Pfund, Duane (PHMSA)
Subject: FW: Request for Regulation Clarification
Importance: High
From: Karen Messana [mailto:KMessana@trinitymfg.com]
Sent: Thu 10/1/20094:11 PM
To: Pfund, Duane (PHMSA)
Cc: Dell Gillespie
Subject: Request for Regulation Clarification
Duane,
As we discussed recently on the phone, I would like to get a clarification of the regulation regarding cylinder
packaging for a PIH material that is transported under the IMDG Code. We are trying to make use of the
regulation 171.23 (a)(4), which allows filling foreign cylinders in the USA for export under the IMDG code
without seeking DOT approval.
In 171.23(a)(4) - It essentially states that an ADR specification cylinder may be filled with a gas in the United
States and offered for transportation and transported for export ifcertain conditions are met. These conditions
include:
(a)(4)(i) The cylinder has been requalified and marked with the month and year ofrequalification in
accordance with ~J!lmart C of part 180 ofthis subchapter, or has been requalified as authorized by the
Associate Administrator.
(a)(4)(ii) In addition to other requirements of this subchapter, the maximum filling density, service pressure,
and pressure relief device for each cylinder conform to the requirements ofthis part for the gas involved; and
(a)(4)(iii) The bill oflading or other shipping paper identifies the cylinder and includes the following
certification: "This cylinder has (These cylinders have) been qualified, as required, and filled in accordance
with the DOT requirements for export."
Our product is a liquid PIH (UN15 80 Chloropicrin, Zone B), and PIHs are further addressed in 171 (b)( 1 0) as
follows:
(b) Conditions and requirements specific to certain materials-
b)(l 0) Poisonous by inhalation materials. A material poisonous by inhalation (see .§l71JD must conform to the
following requirements:
(b)( 1 O)(ii) The material must be packaged in accordance with the requirements of this subchapter;
This last statement is not clear as to what requirements are included and not included. Does it mean only the
DOT requirements stated anywhere else in the regulations except in 171? Ifso, then I presume we would have to
seek approval to fill PIH material in foreign cylinders for export. If the intent of(b)(lO)(ii) is to not allow PIHs to
10/2/2009

<<<PAGE 3>>>

Page 2 of2
be filled in foreign cylinders for export without an approval, then it would be easier on the regulated community
for it to be more clear. Several private sector DOT specialists I have talked with believe s we can fill PIH in such
circumstances without an approval.
I am aware that DOT specific rules outweigh general rules but it is not clear that this situation is a case of specific
vs general, as this could be read as an exception to general and specific rules. In support of this, I offer:
One could read 1 71(a)(4) to mean that filling an ADR cylinder that has been tested and marked per DOT 171(a)
(4)(i) is complying with the requirements ofthis subchapter since subchapter C includes Parts 171 through Parts
180.
In 171(g) Additional requirements for the use ofinternational standards and regulations, it states:. All shipments
offered for transportation or transported in the United States in accordance with this subpart must conform to the
following requirements ofthis subchapter, as applicable and includes:
171 (g)( 5) For export shipments, the general packaging requirements in §_§In,:f± and In,:f4<1 ofthis subchapter;
In 173.24, General requirements for packagings and packages., it states:
(c) Authorized packagings. A packaging is authorized for a hazardous material if: .....
(c)(2) The packaging is permitted under, and conforms to, provisions contained in subparts B or C of part 171 of
this subchapter.
So the question is, do we need to seek approval to fill foreign cylinders with a PIH product for export or can we
choose not to seek approval as long as we comply with 171.23(a)(4) etc?
Thanks for your time in this matter. Please call me if any clarification is needed.
Karen Messana, CSP
Trinity Manufacturing, Inc.
EHS & Regulatory Compliance Manager
910-419-6566 direct
910-995-0843 cell
910-582-4433 fax
This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which tihey are addressed,
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delivering the a-mali to the intended recipient, be advised that you have received this e-maii inerrorandthatanyuse.clissemination. forwarding,
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received the e-mail in error.
10/2/2009

## Provenance

- Official: Yes
- Source: <https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090228.pdf>
- Source ID: `phmsa`
- SHA-256: `c9e8c3a928f2f20e0fc3a411371c0cec06114e6dda832010682f0dac61bc4bbb`
- Retrieved: 2026-08-20T00:59:31.977Z
- Exported: 2026-08-22T13:17:42.927Z
- Document slug: `phmsa-interpretation-09-0228`

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