{"operation":"document","citation":"00-0212","title":"Jones Chemicals, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2000-11-06","effective_on":null,"summary":"00-0212 response to Jones Chemicals, Inc. concerning 180.519.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0212.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0212.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0212","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2000/000212.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh Street, S.W.\nWashington, D.C.\n20590\nResearch and\nSpecial Programs\nAdministration\nNOY - 6 2000\nMr. Timothy J. Gaffney\nSenior Vice President\nReference No.: 00-0212\nJones Chemicals, Inc.\n.. 100 Sunny Sol Boulevard\nCaledonia, NY 14423\nDear Mr. Gaffney:\nThis is in response to your July 26, 2000 letter concerning the periodic requalification\nrequirements in 49 CFR 173.34(e) and 49 CFR 180.519(a). You asked if a cylinder or a multi-\nunit tank car tank that was filled prior to the retest due date may be offered for transportation or\ncontinued in transportation after the retest due date, without being retested.\nThe answer is yes, provided the cylinder or multi-unit tank car tank is in proper condition for\ntransportation. See §§ 173.301(c) and 173.31(a)(3). You are also correct in your understanding\nthat a cylinder may not be refilled after the last date of the month of the calendar year during\nwhich the retest is due unless it has been retested. That is, using your example, a cylinder with a\nJuly 1995 test date and on a five-year retest schedule may not be refilled after July 31, 2000,\nunless the retest has been performed.\nYou are also correct in your understanding that a multi-unit tank car tank may be retested\nanytime during the calendar year the retest falls due. See § 180.519(a). Again, using your\nexample, a multi-unit tank car tank with a July 1995 test date and on a five-year retest schedule\nbeen performed.\nmay not be refilled and offered for transportation after December 31, 2000, unless the retest has\nI hope this information is helpful.\nSincerely,\n::\nHole 2. Michels\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n:\n\n<<<PAGE 2>>>\n\n\".\".\nCorbin\n8173.34(2)\nDICI\n$180-519(a)\nJuly 26, 2000\nRefill/Retest\nMr. Edward Mazzullo\n00-0212\nResearch and Special Programs Administration\nUnited States Department of Transportation\n400 7\" Street, SW\nOffice of Hazardous Materials Safety\nWashington, D.C. 20590\nRE:\nRequest for Interpretation\nDear Mr. Mazzullo:\n180.519(a).\nJCI Jones Chemicals, Inc. is hereby requesting a written interpretation of 49 CFR 173.34(e), and of 49 CFR\nRegarding 49 CFR 173.34(e), it is our understanding that cylinders (for example DOT-3A with a retest\nretest is due, unless it has been retested. As an example, a cylinder with a test date of July 1995 cannot be\nperiod of 5 years) cannot be refilled after the last day of the MONTH OF THE YEAR during which the\n•\nrefilled after July 31, 2000, unless it has been retested.\nRegarding 49 CFR 180.519(a), it is our understanding that multi-unit tank car tanks (for example DOT-\n106A500 with a retest interval of 5 years) cannot be refilled after the last day of the YEAR during which\nhe retest is due, unless it has been retested. As an example, a multi-unit tank car tank with a test date of\ninterpret the sentence in these regulations \"Retests may be made at any time during the calendar year the\nJuly 1995 cannot be refilled after December 31, 2000, unless it has been retested. More specifically, we\nthat multi-unit tank car tanks that are up for retest during the calendar year can be filled up to and including\nretest falls due to mean that we have until December 31% of the retest year to perform the actual retest, and\nDecember 31\" of that calendar year.\nIn both cases, it is our understanding that as long as the cylinder or multi-unit tank car tank was filled prior\nto the retest date, that it can still be shipped/continued in hazardous material service after the retest date\nwithout being retested.\nhazardous materials regulations. If you have any questions or require additional information, please\nPlease advise us in writing at your earliest convenience of your interpretation of these sections of the\ncontact me at 716-538-2314.\nVery truly yours,\nJCI Jones Chemicals, Inc.\nwin after\nTimothy J. Gaffney\nSenior Vice President\nTJG:tgR\nCorporate Offices • Sarasota, FL • Branch Locations • Lendon, UK • Gushen, NY • Warwick, NY • Barberton, OH • Riverview; Mi • Merrimack, NH • Charlotte, NC\n100 Sunny Sol Boulevard • Caledonia, New York 14423 • telephone: 716.538.2314 • facsimile: 716.538.2316\nFt. Lauderdale, FL • Jacksonville, FL • Beech Grore, IN • Milford, VA • Tacoma, WA • Torrance, CA • Militas, CA\n\n<<<PAGE 3>>>\n\n226E h950 2000 00hE\n6602\nU.S.POSTAGE\nAMAL\n184.60=\nCaledone New Word 14433\nMR. EDWARD MAZZULLO\nRESEARCH\nUS DEPT. OF TRANSPORTATION\nOFFICE OF HAZARDOUS MATERIALS SAFETY\n& SPECIAL PROGRAMS ADMINISTRATION\n400 7TH STREET, SW\nWASHINGTON,","truncated":false,"body_characters":4561}