{"operation":"document","citation":"00-0103","title":"Safety & Compliance Associates, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2000-10-23","effective_on":null,"summary":"00-0103 response to Safety & Compliance Associates, Inc. concerning 173.301.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0103.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0103.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0103","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2000/000103.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n00 Seventh St., S.V\nVashington, D.C. 2059\nResearch and\nSpecial Programs\nAdministration\nOCT 2 3 2000\nMr. Mike Lopez\nRef. No. 00-0103\nSafety & Compliance Associates, Inc.\nP.O. Box 48\nTrussville, AL 35173\nDear Mr. Lopez:\nThis is in response to your request concerning the charging of foreign-made cylinders for export\nunder the Hazardous Materials Regulations (HMR; 49 CFR 171-180).\nYour questions are paraphrased and answered below:\nQ1.\nIn reference to your May 23, 1992 response to Ms. Janice Romstad, Du Pont\nMaterials, Logistics and Services, please clarify whether a foreign-made, non-\nDOT specification cylinder may be filled and shipped for export provided it has\nbeen retested within the prescribed retest period according to the standards of the\ncountry of manufacture and it will be filled and shipped prior to its retest due date.\nA1.\nEnclosed is our December 7, 1993 correction letter that we sent to Ms. Romstad.\nAlso in the enclosed notice of proposed rulemaking, we proposed to permit a\nforeign-made, non-DOT specification cylinder to be requalified as authorized by\nthe Associate Administrator for Hazardous Materials Safety.\nQ2.\nMust foreign-made, non-DOT specification cylinders be retested prior to each\ninstance of refilling for shipment, regardless of frequency?\nA2. No. A foreign-made, non-DOT specification cylinder is required to be retested\nevery 5 years in accordance with the marked service pressure on the cylinder, but\nnot less than 5/3 of any service or working pressure marking. See § 173.34(e)\ntable.\nQ3.\nIf this does not remain your current policy, must shippers retest a foreign-made,\nnon-DOT specification cylinder prior to each instance of refilling for shipment,\nregardless of frequency?\nA3.\nRefer to A2.\n173.30)\n000103\n\n<<<PAGE 2>>>\n\nQ4.\nMay a retest facility place an identifying mark, other than its RIN number, on the\nshoulder of a foreign-made, non-DOT specification cylinder, in accordance with\n§ 173.34(c)(1)?\nA4.\nYes.\nI hope this information is helpful.\nSincerely,\nHalle a matchelo\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\nEnclosure\n2\n\n<<<PAGE 3>>>\n\n:\nSafety & Compliance Associates, Inc.\nPhone: 205-853-9874 Fax: 205-853-2067\nP.O. Box 48, Trussville, AL 35173\nBetts\n5173301\nMarch 13, 2000\nMr. Ed Mazzullo\n00-0103\nDirector, Office of Hazardous Materials Standards\nU.S. Department of Transportation\n400 Seventh Street, SW\nWashington, D.C. 20590\nDear Mr. Mazzullo,\nPlease reference the attached letter to Ms. Janice Romestad in which you interpreted 49 CFR,\n§173.301() as allowing a foreign, non-DOT specification cylinder to be filled and shipped for\nexport provided it has been retested within the prescribed retest period according to the\nstandards of the country of manufacture and it will be filled and shipped prior to its retest due\ndate.\nQ1 - §173.301(i) requires retesting and inspection in accordance with requirements of\n§173.34(e) prior to refilling foreign cylinders for export and your clarification letter seems to\nallow refillers to ignore §173.34(e), giving deference to foreign standards. Obviously, a\n§173.34(e). In fact, countries which require test pressure at 3/2 service pressure will fall short\nfiller/shipper will not know whether the standards of the country of manufacture are the same as\nof the U.S. requirement for 5/3 service pressure testing. Will you please clarify whether this\ninterpretation to Ms. Romstad remains current DOT policy?\nQ2 - If so, can shippers assume that retest marking on foreign, non-DOT specification\ncylinders, which may not be similar to U.S. cylinder marking, represents that these cylinders\nhave been retested according to the standards of the country of manufacture or is additional\nevidence required?\n54\"\nspecification cylinders prior to each instance of refilling for shipment, regardless of frequency?\nQ3 — If this does not remain your current policy, must shippers retest foreign, non-DOT\nQ4 - §173.301() requires foreign, non-DOT specification cylinders to be marked with only\nthe month and year of retest, after retesting prior to filling; that is, the retest facility must not\nthe normal five-year retest cycle upon each instance of refilling, may a retest facility place al\nstamp the cylinder with its RIN number. To avoid multiple retests on the same cylinder withir\nidentifying mark, other than its RIN number, upon the cylinder shoulder, in accordance with\n§173.34(c)(1)?\nSincerely,\nMike Lopez, JD\nSafety & Compliance Associates, Inc.","truncated":false,"body_characters":4551}