{"operation":"document","citation":"03-0323","title":"Air Liquide America L.P. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-05-11","effective_on":null,"summary":"03-0323 response to Air Liquide America L.P. concerning 173.301.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0323.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0323.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0323","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030323.pdf","body":"<<<PAGE 1>>>\n\nor ransome one\n400 Seventh St., S.W.\nWashington, D.C. 20590\nMAY 1 1 2004\nMr. Ralph Diaz.\n2700 Post Oak Blvd.\nAir Liquide America L.P.\nRef. NO. 03-0323\nHouston, Texas 77056\nDear Mr. Diaz:\nThis is in response to your letter requesting clarification of the cylinder valve protection requirements\nunder the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask\nwhether the provisions in § 173.301(h)(2)(iv) would allow cylinders to be unloaded by the consignor\ninstead of the consignee, as required by that section.\nThe answer is yes. Section 173.301(h)(2) describes the conditions under which cylinders\nmanufactured before October 1, 2007 must have their valves protected during transportation.\nSpecifically, § 173.301(h)(2)(iv) requires that a cylinder valve to be protected by loading the cylinder\nin an upright position and securely bracing it in a rail car or motor vehicle, provided that the cylinders\nare loaded by the consignor and unloaded by the consignee. It is the intent of this provision to limit\nthe handling of the cylinders to the consignor and consignee, only. Therefore, it would be acceptable\nfor the consignor to unload the cylinders at the consignee's site.\nI hope this information is helpful. If you have further questions, please do not hesitate to contact this\noffice.\nSincerely\nOffice of Hazardous Materials Standards\n173.301 GNE)(ir)\n030323\n\n<<<PAGE 2>>>\n\nwenk\n5/73.301h2 11)\nMr. Edward Mazzullo\nDirector of OHMS\nU.S. DOT/RSPA (DHM-10)\nCylinders\n400 7th St. S.W\n03-0323\nWashington, D.C. 20590\nDear Mr. Mazzullo,\nIndustrial gas companies usually (or at least many times) will deliver\ntheir full cylinders directly to customers. Here, the gas supplier loads\nthe truck but also unloads the truck upon arrival at the customer site.\nWe asked for an interpretation of 173.301 (h)(2)(iv) today to determine\nif it would be permitted for the consignor to unload cylinders and still\ncomply with the DOT's valve protection requirements. We were told\nthat this activity would be permitted and would comply with DOT's\nintent. That is, a cylinder is considered to have valve protection\nprovided the cylinder is loaded in an upright position and securely\nbraced in a motor vehicle when loaded by the consignor and\nunloaded by the consignor or consignee.\nforward to:\nPlease provide your interpretation of 173.301 (h) (2)(iv) in writing and\nRalph Diaz\nAir Liquide America L.P.\n2700 Post Oak Blvd\nHouston, TX 77056\nRegards,\nR. Diaz\nAir Liquide America L.P.\nAir Liquide Group Expert\nCylinder Operations\n\n<<<PAGE 3>>>\n\n(Addendum)\nMr. Edward Mazzullo;\nIt was just brought to my attention that since customers on occasion\npick-up their own full cylinders from a gas supplier. In this case,\nplease consider whether it is permitted to ship cylinders containing\noxidizers without cylinder caps but secured in the upright position\nwhen such cylinders are picked up and loaded by the customer\n(consignee).\nYour response in writing would be appreciated.\nThank you for your attention to these requests.\nRegards,\nRalph Diaz\nAir Liquide America L.P.\n2700 Post Oak Bivd\nHouston, Tx 77056\n(713) 499-6867","truncated":false,"body_characters":3136}