BOC Gases — Hazardous Materials Safety Interpretation

Page 1f Transportatio .S. Departmer 400 Seventh St., 'S.W. Special Programs Research and Washington, D.C. 20590 Administration JUN 25 2001 Mr. John M. Thompson BOC Gases Reference No.: 01-0048 600 Union Landing Road Riverton, New Jersey 08077 Dear Mr. Thompson: This is in response to your February 14, 2001 letter, requesting clarification on the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as they pertain to the charging of foreign- made cylinders for export. Specifically, you asked whether a pressure relief device (PRD) is required on a foreign-made cylinder charge for export as provided by § 173.301(j). The answer is yes, if the use of a PRD is required by § 173.34(d) or the specific packaging provision. As provided by § 173.301(), a foreign-made non-DOT specification cylinder may be charged and shipped for export only, if it meets the applicable requirements in the HMR. Section 173.34(d) states that "No person may offer a cylinder charged with a compressed gas for transportation in commerce unless the cylinder is equipped with one or more pressure relief devices"and lists certain exceptions. Additionally, under § 173.301(i)(1), the cylinder must be retested in accordance with § 173.34(e), which prescribes a periodic retest at the pressure marked on the cylinder, but not less than 5/3 of the marked service or working pressure. The retest interval for a foreign cylinder is once every five years. I hope this information is helpful. Should you have further questions, please contact us. Sincerely, Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 173. 301 (j 010048#

Page 2I BOC GASES Betts BOC Gases $173.3014) Union Landing & River Roads Riverton NJ 08077 P.O. Drawer No. 272 Cylinders Telephones 856 829 7878 04-0048 February 14, 2001 Mr. Edward Mazzullo Director, Office of Hazardous Materials Standards Office of Hazardous Materials Transportation 400 Seventh Street, SW U.S. Department of Transportation Washington, D.C. 20590 Dear Sir: I am asking for clarification concerning whether or not a PRD (Pressure Relief Device) is required on foreign cylinders charged for export as permitted under 173.301 G). As you are aware EIGA ( European Industrial Gas Association) which is the CGA's (Compressed Gas Association) equivalent in Europe, has no such requirement or recommendation that gas cylinders have a PRD on the valve. All provisions of 173.301() would be complied with. When we receive the foreign cylinders, they are already tested, marked and valved, if we would have to revalve them, we would be at a major economic disadvantage. Clarification would enable BOC to comply with the required regulations and become more competitive in the market place. Thank you for any information you could supply on this matter. Please respond to me at BOC Gases, 600 Union Landing Road, Riverton, NJ 08077, PHONE: 856 - 786-2906. Sincerely, BOC Gases ohn N. Thompson Hazardous Materials Specialist A division of The BOC Group, Inc. R A Delaware Corporation#