{"operation":"document","citation":"04-0168","title":"Florida House of Representatives — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-10-19","effective_on":null,"summary":"04-0168 response to Florida House of Representatives concerning 173.301.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0168.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0168.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0168","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040168.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n400 Seventh St., S.W.\nWashington, D.C. 20590\nResearch and\nSpecial Programs\nAdministration\nOCT 19 2004\nThe Honorable Julio Robaina\nFlorida House of Representatives\nReference No.: 04-0168\n402 House Office Building\n402 South Monroe Street\nTallahassee, FL 32399\nDear Mr. Robaina:\nThis is in response to your e-mail and telephone conversations with members of my staff\nconcerning the reluctance of some dive shops in the State of Florida to service and refill certain\nolder DOT 3AL cylinders made of aluminum alloy 6351 and used as self-contained underwater\nbreathing apparatus (SCUBA cylinders). You stated that some dive shops are refusing to fill\nthese older SCUBA cylinders based on information received from the Department of\nTransportation's Office of Hazardous Materials Safety that the cylinders \"are unsafe and are\nunable to be serviced or refilled and are to be thrown out.\"\nThere appears to be a misunderstanding about our position on cylinders made of aluminum alloy\n6351. We issued a notice of proposed rulemaking [Docket No. RSPA 03-14405 (HM-220F)]\nthat proposes to amend the Hazardous Materials Regulations (HMR) to enhance the\nrequalification procedures for DOT 3AL cylinders made of aluminum alloy 6351. The intended\neffect of the notice of proposed rulemaking, should it be adopted into a final rule, is to facilitate\nthe detection of sustained loading cracking (SLC) and reduce the risk of the cylinder rupturing.\nUnder the proposal, cylinders showing no evidence of SLC and passing the periodic\nrequalification are suitable for continued hazardous material service. We also issued several\nsafety alert notices to inform users of the identity, proper maintenance and precautionary\nmeasures for cylinders made of aluminum alloy 6351, including those used as SCUBA cylinders.\navailable for review at the Office of Hazardous Materials Safety's internet web site at\nThe safety alert notices and the notice of proposed rulemaking on the DOT 3AL cylinders are\nhttp://hazmat.dot.gov/ohmforms.htm#other.\nYou also stated that some dive shops are refusing to fill certain aluminum alloy cylinders that\nhave the manufacturer's name marked on the lower base, which is sometimes referred to as the\ncylinder heel. Some cylinder requalifiers may be condemning these cylinders on the mistaken\nbelief that these base roll markings are on the sidewall. Based on information provided to us,\nmost of the cylinders were manufactured before 1989 and formed by the extrusion technique.\nThese cylinders have a thick bottom base area; the larger the diameter, the thicker the base. The\nmanufacturer's markings on these particular cylinders are in a low stress area and are acceptable\nunder § 178.35(f)(6) of the HMR. See the enclosed sketches.\n173.301\n040168\n\n<<<PAGE 2>>>\n\nAlso please note that whether or not a refiller will refill a particular cylinder is a matter within\nthe refiller's discretion and over which this Department has no control. The same applies to a\nrequalifier who may decline to requalify for continuing use cylinders of questionable linage.\nI hope this information is helpful. If I can provide further information or assistance, please feel\nfree to call me.\nSincerely,\nsula Materie\nRobert A. McGuire\nAssociate Administrator for Hazardous\nMaterials Safety\nEnclosures\n2","truncated":false,"body_characters":3328}