Jones Chemicals, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh Street, S.W. Washington, D.C. 20590 Research and Special Programs Administration NOY - 6 2000 Mr. Timothy J. Gaffney Senior Vice President Reference No.: 00-0212 Jones Chemicals, Inc. .. 100 Sunny Sol Boulevard Caledonia, NY 14423 Dear Mr. Gaffney: This is in response to your July 26, 2000 letter concerning the periodic requalification requirements in 49 CFR 173.34(e) and 49 CFR 180.519(a). You asked if a cylinder or a multi- unit tank car tank that was filled prior to the retest due date may be offered for transportation or continued in transportation after the retest due date, without being retested. The answer is yes, provided the cylinder or multi-unit tank car tank is in proper condition for transportation. See §§ 173.301(c) and 173.31(a)(3). You are also correct in your understanding that a cylinder may not be refilled after the last date of the month of the calendar year during which the retest is due unless it has been retested. That is, using your example, a cylinder with a July 1995 test date and on a five-year retest schedule may not be refilled after July 31, 2000, unless the retest has been performed. You are also correct in your understanding that a multi-unit tank car tank may be retested anytime during the calendar year the retest falls due. See § 180.519(a). Again, using your example, a multi-unit tank car tank with a July 1995 test date and on a five-year retest schedule been performed. may not be refilled and offered for transportation after December 31, 2000, unless the retest has I hope this information is helpful. Sincerely, :: Hole 2. Michels Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards :#

Page 2".". Corbin 8173.34(2) DICI $180-519(a) July 26, 2000 Refill/Retest Mr. Edward Mazzullo 00-0212 Research and Special Programs Administration United States Department of Transportation 400 7" Street, SW Office of Hazardous Materials Safety Washington, D.C. 20590 RE: Request for Interpretation Dear Mr. Mazzullo: 180.519(a). JCI Jones Chemicals, Inc. is hereby requesting a written interpretation of 49 CFR 173.34(e), and of 49 CFR Regarding 49 CFR 173.34(e), it is our understanding that cylinders (for example DOT-3A with a retest retest is due, unless it has been retested. As an example, a cylinder with a test date of July 1995 cannot be period of 5 years) cannot be refilled after the last day of the MONTH OF THE YEAR during which the • refilled after July 31, 2000, unless it has been retested. Regarding 49 CFR 180.519(a), it is our understanding that multi-unit tank car tanks (for example DOT- 106A500 with a retest interval of 5 years) cannot be refilled after the last day of the YEAR during which he retest is due, unless it has been retested. As an example, a multi-unit tank car tank with a test date of interpret the sentence in these regulations "Retests may be made at any time during the calendar year the July 1995 cannot be refilled after December 31, 2000, unless it has been retested. More specifically, we that multi-unit tank car tanks that are up for retest during the calendar year can be filled up to and including retest falls due to mean that we have until December 31% of the retest year to perform the actual retest, and December 31" of that calendar year. In both cases, it is our understanding that as long as the cylinder or multi-unit tank car tank was filled prior to the retest date, that it can still be shipped/continued in hazardous material service after the retest date without being retested. hazardous materials regulations. If you have any questions or require additional information, please Please advise us in writing at your earliest convenience of your interpretation of these sections of the contact me at 716-538-2314. Very truly yours, JCI Jones Chemicals, Inc. win after Timothy J. Gaffney Senior Vice President TJG:tgR Corporate Offices • Sarasota, FL • Branch Locations • Lendon, UK • Gushen, NY • Warwick, NY • Barberton, OH • Riverview; Mi • Merrimack, NH • Charlotte, NC 100 Sunny Sol Boulevard • Caledonia, New York 14423 • telephone: 716.538.2314 • facsimile: 716.538.2316 Ft. Lauderdale, FL • Jacksonville, FL • Beech Grore, IN • Milford, VA • Tacoma, WA • Torrance, CA • Militas, CA#

Page 3226E h950 2000 00hE 6602 U.S.POSTAGE AMAL 184.60= Caledone New Word 14433 MR. EDWARD MAZZULLO RESEARCH US DEPT. OF TRANSPORTATION OFFICE OF HAZARDOUS MATERIALS SAFETY & SPECIAL PROGRAMS ADMINISTRATION 400 7TH STREET, SW WASHINGTON,#