Safety & Compliance Associates, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 00 Seventh St., S.V Vashington, D.C. 2059 Research and Special Programs Administration OCT 2 3 2000 Mr. Mike Lopez Ref. No. 00-0103 Safety & Compliance Associates, Inc. P.O. Box 48 Trussville, AL 35173 Dear Mr. Lopez: This is in response to your request concerning the charging of foreign-made cylinders for export under the Hazardous Materials Regulations (HMR; 49 CFR 171-180). Your questions are paraphrased and answered below: Q1. In reference to your May 23, 1992 response to Ms. Janice Romstad, Du Pont Materials, Logistics and Services, please clarify whether a foreign-made, non- DOT specification cylinder may be filled and shipped for export provided it has been retested within the prescribed retest period according to the standards of the country of manufacture and it will be filled and shipped prior to its retest due date. A1. Enclosed is our December 7, 1993 correction letter that we sent to Ms. Romstad. Also in the enclosed notice of proposed rulemaking, we proposed to permit a foreign-made, non-DOT specification cylinder to be requalified as authorized by the Associate Administrator for Hazardous Materials Safety. Q2. Must foreign-made, non-DOT specification cylinders be retested prior to each instance of refilling for shipment, regardless of frequency? A2. No. A foreign-made, non-DOT specification cylinder is required to be retested every 5 years in accordance with the marked service pressure on the cylinder, but not less than 5/3 of any service or working pressure marking. See § 173.34(e) table. Q3. If this does not remain your current policy, must shippers retest a foreign-made, non-DOT specification cylinder prior to each instance of refilling for shipment, regardless of frequency? A3. Refer to A2. 173.30) 000103#

Page 2Q4. May a retest facility place an identifying mark, other than its RIN number, on the shoulder of a foreign-made, non-DOT specification cylinder, in accordance with § 173.34(c)(1)? A4. Yes. I hope this information is helpful. Sincerely, Halle a matchelo Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards Enclosure 2#

Page 3: Safety & Compliance Associates, Inc. Phone: 205-853-9874 Fax: 205-853-2067 P.O. Box 48, Trussville, AL 35173 Betts 5173301 March 13, 2000 Mr. Ed Mazzullo 00-0103 Director, Office of Hazardous Materials Standards U.S. Department of Transportation 400 Seventh Street, SW Washington, D.C. 20590 Dear Mr. Mazzullo, Please reference the attached letter to Ms. Janice Romestad in which you interpreted 49 CFR, §173.301() as allowing a foreign, non-DOT specification cylinder to be filled and shipped for export provided it has been retested within the prescribed retest period according to the standards of the country of manufacture and it will be filled and shipped prior to its retest due date. Q1 - §173.301(i) requires retesting and inspection in accordance with requirements of §173.34(e) prior to refilling foreign cylinders for export and your clarification letter seems to allow refillers to ignore §173.34(e), giving deference to foreign standards. Obviously, a §173.34(e). In fact, countries which require test pressure at 3/2 service pressure will fall short filler/shipper will not know whether the standards of the country of manufacture are the same as of the U.S. requirement for 5/3 service pressure testing. Will you please clarify whether this interpretation to Ms. Romstad remains current DOT policy? Q2 - If so, can shippers assume that retest marking on foreign, non-DOT specification cylinders, which may not be similar to U.S. cylinder marking, represents that these cylinders have been retested according to the standards of the country of manufacture or is additional evidence required? 54" specification cylinders prior to each instance of refilling for shipment, regardless of frequency? Q3 — If this does not remain your current policy, must shippers retest foreign, non-DOT Q4 - §173.301() requires foreign, non-DOT specification cylinders to be marked with only the month and year of retest, after retesting prior to filling; that is, the retest facility must not the normal five-year retest cycle upon each instance of refilling, may a retest facility place al stamp the cylinder with its RIN number. To avoid multiple retests on the same cylinder withir identifying mark, other than its RIN number, upon the cylinder shoulder, in accordance with §173.34(c)(1)? Sincerely, Mike Lopez, JD Safety & Compliance Associates, Inc.#