{"operation":"document","citation":"02-0086","title":"Paul Merrick — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2002-10-18","effective_on":null,"summary":"02-0086 concerning 178.65.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0086.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0086.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0086","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020086.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n400 Seventh St., S.W.\nSpecial Programs\nResearch and\nWashington, D.C. 20590\nAdministration\nOCT 18 2002\nMr. Paul Merrick\n3923 Todd Lane\nRef. No.: 02-0086\nSuite 305\nAustin, TX 78744.\nDear Mr. Merrick:\n**:\nThis is in response to your e-mail to Ms. Sandra Webb, Office of Hazardous Materials Standards,\nregarding the requirements applicable to DOT 39 non-refillable cylinders under the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180):\nYou state a fabricator will perform all manufacttiring functions except that you will perform the\nfollowing functions: 1) witness all specification tests (§ 178.35(c)(3)(v)); 2) verify that each\ncylinder is properly marked according to the specification (§ 178.35 (c)(3)(viii)); 3) complete the\nmanufacturer's report (§ 178.35(c)(4) and (g)); and 4) mark the cylinder with the specification.\nmarkings (§ 178.65(i)). In addition, you state that you will test the pressure relief device before\nfilling the cylinders with R134a (1, 1, 1, 2-Tetrafluorocthane) as prescribed in § 173.34(d). You\nasked about your responsibilities for fulfilling these and certain other requirements under the\nHMR.\nIn response to inquiries, I offer the following remarks:\n1. The company whose registration \"M\" number is marked on the cylinder is considered the\ncylinder manufacturer. The registration number must be obtained from the Associate\nAdministrator for Hazardous Materials Safety. By marking the \"DOT 39\" specification\nmarking on the cylinder, as the manufacturer, jou are certifying that the cylinder was\nfabricated, tested and inspected in full conformance with the specification requirements in\n$§ 178.35 and 178.65. Please note that under §178.35(b)(1) and (c)(3)(v), a competent\ninspector of the manufacturer must be present to witness all specification tests. Also, in your\nfabricator's report plus a report showing the results of the pressure test and any other\nsituation, the complete inspector's report, required by § 178.35, will consist of the\noperations performed by you.\n2. Regarding DOT-E 11289, the exemption authorizes the named exemption holder to\ndeviations. since and salutar adol is to the io, 39 recitato orich certain\ncomments.\n178.65\n020086\n\n<<<PAGE 2>>>\n\n3. Regarding the requirement in § 173.34, pressure relief devices on charged cylinders must be\ntested for leaks before being shipped from the filling plant. The test may be performed using\nany suitable method, such as a gas leak detector, soap or other suitable leak-detection fluid.\n4. Regarding your question on whether training is required to perform the above requirements,\nthe answer is yes. Any person performing any function subject to the HMR may not perform\nthat function unless training according to Subpart H of Part 172. A hazmat employer is\nresponsible for providing hazmat training for each hazmat employee. The definition for a\nhazmat employee (see § 171.8) includes anyone who during the course of employment\nmanutactures, tests, reconditions, repairs, modifies, marks, or otherwise represents a\npackaging as qualified for use in the transportation of hazardous materials. This training\nmust include general awareness and safety training. In addition, each hazmat employee must\nbe provided function-specific training concerning the requirements of the HMR applicable to\nthe function or functions the employee performs. See:§ 172:704 Sections 107:341 and\n107.371 of 49 CFR prescribe penalties for violation of the HMR.:\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nHotte z mtabele\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nMitchell\nPage 1 of 1\n3\n178. 65\nWebb, Sandra\nCylinders\nFrom: Paul [pjm@austin.rr.com]\n02-0086\nSent:\nMonday, March 18, 2002 12:47 PM\nTo:\nWebb, Sandra <RSPA>\nSubject: 39 Cylinder requirements?\nSandra,\nnon-refillable cylinders.\nTom Lynch from the Houston DOT office advised me to contact you concerning requirements for filling specification 39\nI will be filling these cylinders with 24 ounces of R-134a for a laser application.\nI am purchasing these cylinders from Benzomatic, and they are completing the following:\n178.65 (b)(all subsections), (c)(all subsections); (d)(all subsections); (e)(all subsections), (f(all subsections), (g)(all\n178.35 (b) (2); (c) (1); (2) (1), (2)(i)(ii)(ii); (3) (i)(ii)(iii)(iv)(vi)(vịi); (d) and.(e); and\nsubsections); and (h)(all subsections) i&\nThey also list an exemption (DOT 111289).\nThey state that I need to obtain a manufacturer's number, and comply with 49CFR. 173.34 which includes testing the\nThey provide me with their test reports, but they require that I complete these reports in accordance with 49 CFR 178,35.\npressure relief device prior to filline..\n(c)(4) and (g):\nThey also state that I must mark the cylinders in accordance with 49 CFR 178.65(i), and verify testing compliance as\nrequired by 49 CFR 178.35 (c)(3)(viii).\n› My question is what do I need to do to fulfill these requirements? What certifications, registrations, or training is\nrequired?\nThank you for your help in meeting DOT regulations.\nPaul Merrick\nAustin, TX.\n3/18/02","truncated":false,"body_characters":5206}