{"operation":"document","citation":"08-0082","title":"Hydro-Test Products, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-05-13","effective_on":null,"summary":"08-0082 response to Hydro-Test Products, Inc. concerning 171.7.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0082.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0082.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0082","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080082.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nWAY 1 3 2008\nMr. Tom Sauta\nHydro-Test Products, Inc.\n85 Hudson Road\nStow, MA 01775\nRef. No.: 08-0082\nDear Mr. Sauta:\nThis is in response to your March 14, 2008 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171 -1 80) regarding cylinder requalification.\nYour questions are paraphrased and answered below.\nQ1: Do the HMR allow for a cylinder requalifier to have and use the most current edition of a\nreferenced CGA publication when the referenced CGA publication in 5 17 1.7 is an older\nedition?\nA1 . Yes. Sections 107.805(f) and 180.21 5(a)(6) specify that each cylinder requalifier must\nbe trained and have \"the information contained in each applicable CGA or ASTM standard\nincorporated by reference in 8 171 -7 of this subchapter applicable to the requalifier's\nactivities.\" Therefore, the requalifier does not need the actual CGA publication referenced as\nlong as the requalifier has a document that contains the same information as the referenced\nCGA publication, which may include an updated version.\n42: Is a requalifier required to have the latest edition of a required CGA publication if it is\nnot the same as the cited edition?\nA2. No. The requalifier is required to have the information contained in the referenced CGA\npublication as stated in A1 above.\nI hope this information is helpful. If you have fbrther questions, please do not hesitate to\ncontact this office.\nSincerely &\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nPage 1 of 1\nMarch 14,2008\nHattie Mitchell, Chief\nOffice of Hazardous Materials Standards\nRegulatory Review and Reinvention\n400 7th Street S.W.\nWashington, DC 20590\nSubiect: Request for written interpretation on CGA pamphlets under 6 17 1.7\nPlease provide a written interpretation on the above referenced subject as it pertains to cylinder requalifiers.\nIn a letter written to your office in 2004 from Hydro-Test Products Inc., I asked if the latest editions of the\nCompressed Gas Association (CGA) were acceptable in place of the cited edition. In a phone call made to\nyou, inquiring on the status of the answer to this question, I was verbally told that inspectors allow the use\nof the latest editions. Your reasoning, which I agree with, was that the latest editions incorporate the same\nverbiage of the cited editions and therefore were acceptable. I never did receive a written formal\ninterpretation on that request from you.\nIt has now come to our attention that the enforcement group of OHM are citing violations to our customers\nfor having the latest editions of these pamphlets and not the cited edition.\nAlso, there are many independent authorized inspectors that during the required 5 year renewal are\nadvising the cylinder requalification facility that they recommend the latest edition of these pamphlets.\nThere have also been instances where OHM enforcement personnel have told cylinder requalifiers that they\n\"want to see\" the latest edition(s) of these pamphlets at the requalifiers facility.\nI am requesting a written response to these questions:\n1) Is it acceptable to have the latest editions of the required CGA pamphlets in place of the cited\neditions in fj 17 1.7 if the latest edition is not the cited edition ?\n2) Should independent inspectors and enforcement inspectors be allowed to demand or suggest\nthat the facility have the latest edition of the required CGA pamphlet(s) if they are not the same\nas the cited edition ?\nThank you for your attention to this request. I am looking forward to your reply.\nHydro-Test Products Inc.\n* * d O w b P R 6 - 5\nH &a- Test Products Znc.\n31:\n85 %1d50?~ ~ Q d d SfQ%u, ~ M ~ E E ~ cAdbset6 01 775\nTek 800-225-9488 / P7a-2397-4647 F a : 92%-897- 1942\nEmail: sales@hydro-test.com Direct email: tom@hydro-test.com","truncated":false,"body_characters":3974}