{"operation":"document","citation":"00-0386","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":"00-0386 response to Safety & Compliance Associates, Inc concerning 173.301.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0386.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0386.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0386","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2000/000386.pdf","body":"<<<PAGE 1>>>\n\nI.S. Department\nf Transportatior\n400 Seventh St., S.W.\nWashington, D.C. 20590\nResearch and\nSpecial Programs\nAdministration\nOCT 2 3 2000\nMr. Mike Lopez\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 clarity 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.\nNo. 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)\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.\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,\nHitle a itchels\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\nEnclosure\n2\n\n<<<PAGE 3>>>\n\n---\n:\nSafety & Compliance Associates, Inc.\nP.O. Box 48, Trussville, AL 35173\nPhone: 205-853-9874 Fax: 205-853-2067\nBetts\nMarch 13, 2000\n5173301\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\nfiller/shipper will not know whether the standards of the country of manufacture are the same as\n§173.34(e). In fact, countries which require test pressure at 3/2 service pressure will fall short\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?\n5ue Q3 — If this does not remain your current policy, must shippers retest foreign, non-DOT\nspecification cylinders prior to each instance of refilling for shipment, regardless of frequency?\nQ4 - §173.301 (i) 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\nstamp the cylinder with its RIN number. To avoid multiple retests on the same cylinder within\nthe normal five-year retest cycle upon each instance of refilling, may a retest facility place an\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.\n\n<<<PAGE 4>>>\n\n-\n:.\nOU POND\nHM\nDU PONT MATERIALS, LOGISTICS AND SERVICES\n181/173,301\nWilmington, DE 19898\nSC: 334,322\nMay 26, 1992\nJIN- / 1992\nMs. Diane Lavalle\nU. s. Department of Transportation\nTr. Reg. Spec. Engineering - DHM .•22\nHazardous Materials Safety\nWashington, DC 20590\n400 Seventh Street, Sw\nDear Ms. Lavalle:\nthe phone today. My question was what type of testing do I have\nI wantea to confirm my understanding of our discussion over\nto do for foreign cylinders that I am using for export only. The\ninterpret subparagraph (1) under (]) •\nregulations reference is 173.301(J). I was uncertain how to\nconversation is that if I have a foreign cylinder that has been\nMy understanding from our\ntested by the standards of the country of manufacture within the\nprescribed retest period shown in 174.34 (e), no additional retest\nis required by DOI.\nThank you for your time and assistance.\nof our conversation is not correct, please let me know.\nIf my understanding\nSincerely,\nJanice Romated\nJanice Romstad\nHazardous Materials Consultant\nD-3096\n(302) 774-3153\nJLR: MW\na:jlr.110\n6986\nQp Iif 1\n\n<<<PAGE 5>>>\n\n•\n)S. Departmen\nf Transportatio\nWashingion, D C.\nResearch and\nSpecial Programs\nAdministration\nJUL 23 Is\nMs. Janice Romstad\nHazardous Materials consultant\nDu Pont\nD-3096\nWilmington, Delaware 19898\nlaterials, Iogistics and Services\nDear Ms. Ronstad:\nThis is in response to your letter of May 26, 1992 concerning the retest of\na foreign-made cylinder under the provisions\nof 49 CER 173.301 (J).\nA foreign-made non-DOT specification cylinder may be charged and shipped\ncylinder must be retested in accordance with S 173.34 (e), Which prescribes\n5/3 of the marked service or working pressure. The retest interval ior a\na periodic retest at the pressure marked on the cylinder, but not less than\nyLinder has been retested within the prescribed test period according t\nhe standards of the country of manufacture and it will be filled ani\nprior to export.\ntransported prior to the retest due date, the cylinder need not be retested\nI hope this information is helpful.\nSincerely,\nThom\none I. Alla\nEdward I. Mazzullo\nDirector, Offica of Hazardous\nMaterials standarda\n1986\nAp 1of1","truncated":false,"body_characters":6513}