Safety & Compliance Associates, Inc — Hazardous Materials Safety Interpretation

Page 1I.S. Department f Transportatior 400 Seventh St., S.W. Washington, D.C. 20590 Research and Special Programs Administration OCT 2 3 2000 Mr. Mike Lopez 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 clarity 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) 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.#

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, Hitle a itchels Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards Enclosure 2#

Page 3--- : Safety & Compliance Associates, Inc. P.O. Box 48, Trussville, AL 35173 Phone: 205-853-9874 Fax: 205-853-2067 Betts March 13, 2000 5173301 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 filler/shipper will not know whether the standards of the country of manufacture are the same as §173.34(e). In fact, countries which require test pressure at 3/2 service pressure will fall short 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? 5ue Q3 — If this does not remain your current policy, must shippers retest foreign, non-DOT specification cylinders prior to each instance of refilling for shipment, regardless of frequency? Q4 - §173.301 (i) 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 stamp the cylinder with its RIN number. To avoid multiple retests on the same cylinder within the normal five-year retest cycle upon each instance of refilling, may a retest facility place an 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.#

Page 4- :. OU POND HM DU PONT MATERIALS, LOGISTICS AND SERVICES 181/173,301 Wilmington, DE 19898 SC: 334,322 May 26, 1992 JIN- / 1992 Ms. Diane Lavalle U. s. Department of Transportation Tr. Reg. Spec. Engineering - DHM .•22 Hazardous Materials Safety Washington, DC 20590 400 Seventh Street, Sw Dear Ms. Lavalle: the phone today. My question was what type of testing do I have I wantea to confirm my understanding of our discussion over to do for foreign cylinders that I am using for export only. The interpret subparagraph (1) under (]) • regulations reference is 173.301(J). I was uncertain how to conversation is that if I have a foreign cylinder that has been My understanding from our tested by the standards of the country of manufacture within the prescribed retest period shown in 174.34 (e), no additional retest is required by DOI. Thank you for your time and assistance. of our conversation is not correct, please let me know. If my understanding Sincerely, Janice Romated Janice Romstad Hazardous Materials Consultant D-3096 (302) 774-3153 JLR: MW a:jlr.110 6986 Qp Iif 1#

Page 5• )S. Departmen f Transportatio Washingion, D C. Research and Special Programs Administration JUL 23 Is Ms. Janice Romstad Hazardous Materials consultant Du Pont D-3096 Wilmington, Delaware 19898 laterials, Iogistics and Services Dear Ms. Ronstad: This is in response to your letter of May 26, 1992 concerning the retest of a foreign-made cylinder under the provisions of 49 CER 173.301 (J). A foreign-made non-DOT specification cylinder may be charged and shipped cylinder must be retested in accordance with S 173.34 (e), Which prescribes 5/3 of the marked service or working pressure. The retest interval ior a a periodic retest at the pressure marked on the cylinder, but not less than yLinder has been retested within the prescribed test period according t he standards of the country of manufacture and it will be filled ani prior to export. transported prior to the retest due date, the cylinder need not be retested I hope this information is helpful. Sincerely, Thom one I. Alla Edward I. Mazzullo Director, Offica of Hazardous Materials standarda 1986 Ap 1of1#