{"operation":"document","citation":"09-0050","title":"Hagemeyer North America — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-06-30","effective_on":null,"summary":"09-0050 response to Hagemeyer North America concerning 180.205.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0050.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0050.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0050","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090050.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave, S.E.\nWashington, D.C. 20590\nJUN 3 0 2009\nMr. Bill McDonald\nHagemeyer North America\n2 1 70 Commerce Avenue, Suite D\nConcord, CA 94520\nRef. No.: 09-0050\nDear Mr. McDonald:\nThis responds to your letter regarding the requirements in 5 180.205(c) of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 17 1 - 1 80) for periodic requalification of DOT\nspecification cylinders and non-DOT specification cylinders authorized under a DOT\nspecial permit.\nIn accordance with 8 180.205(c) of the HMR, a cylinder may be requalified at any time\nbefore or during the month and year that the requalification is due. A cylinder filled\nbefore the requalification becomes due may remain in service until it is emptied. A\ncylinder with a specified service life may not be refilled and offered for transportation\nafter its authorized service life has expired.\nYour questions are paraphrased and answered as follows:\nQ1. Do the requirements in 8 180.205(c) mean that a cylinder filled in 1986 need not\nbe requalified and/or hydrostatically tested if it has never been emptied?\nA1 . Under the HMR, a charged cylinder filled in 1986 which is past due for its\nhydrostatic retest date need not be emptied to meet a testing schedule and may\nremain in service until it is emptied. However, a cylinder with a specified service\nlife that was filled in1986 may not be refilled and offered for transportation after\nits authorized service life has expired. In addition, the use of a cylinder may be\nsubject to applicable standards and regulations of other Federal agencies\n(See 171.l(e)).\nQ2. A DOT 3AA breathing air cylinder rated at 2216 psi, used for airline supplied\nair respirators, reaches its low air alarm (approximately 20% of full or 550 psi)\nbut is not. May the cylinder remain in service until\nemptied? May the cylinder be completely filled (topped off) if it is beyond its\nretest and requalification date?\n\n<<<PAGE 2>>>\n\nA2. 43. A3. A charged, partially filled DOT 3AA cylinder may remain in service until it is\nemptied. A DOT 3AA cylinder that is not completely empty, but past its test\ndate, may not be charged or filled (including topped off) with a hazardous\nmaterial and offered for transportation in commerce unless that cylinder has been\ninspected and retested in accordance with fj 180.205(c). In addition, cylinders\nused onboard aircraft are subject to the Federal Aviation Administration's (FAA)\nRegulations under 14 CFR. You should contact the FAA for any applicable\nrequirements.\nDoes fj 180.205(c) apply to a non-DOT specification cylinder authorized under\nSpecial Permit 7277 that was filled in 1990 but never emptied? May the non-\nDOT specification cylinder remain in service beyond its prescribed service life of\n15 years? Does the cylinder require periodic retest and requalification?\nThe non-DOT specification cylinder authorized under the Special Permit 7277\nmust be used under the terms of the special permit. A non-DOT specification\ncylinder authorized under Special Permit 7277 that was filled in 1990 but never\nemptied may remain in service until emptied; however, it may not continue to be\nused past its prescribed service life of 15 years from the date of manufacture as\nmarked on the cylinder. (See paragraph d(6) (operational controls) of Special\nPermit 7277). Each cylinder used under the terms of Special Permit 7277 must\nbe re-inspected and hydrostatically retested every three years in accordance with\n$9 180.205 and 180.209 as prescribed for DOT 3HT cylinders. (See paragraph\nc(1) (requalification) of Special Permit 7277).\nI hope this satisfies your inquiry. If we can be of further assistance, please contact us.\ne. Betts\nief, Standards Development\nf Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nMr. Edward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\nU. S. DOTiPHMSA (PHH-10)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nReference 49-CFR 180.205(c)\n(c) Periodic pregualification of cylinders. Each cylinder bearing a DOT specification marking must be requalified\nand marked as specified in the requalification Table in this subpart. Each cylinder bearing a DOT special permit\nnumber must be requalified and marked in conformance with this section and the terms of the applicable\nspecial permit. No cylinder may be filled with a hazardous material and offered for transportation in commerce\nunless that cylinder has been successfully requalified and marked in accordance with this subpart. A cylinder\nmay be requalified at any time during or before the month and year that the requalification is due. However, a\ncylinder filled before the requalification becomes due may remain in service until it is emptied. A cylinder with a\nspecified service life may not be refilled and offered for transportation after its authorized service life has\nexpired.\nSection 180.205(c) states that \"a cylinder may be re-qualified at any time during or before the\nmonth and year that the re-qualification is due. However, a cylinder filled before the re-\nqualification becomes due may remain in service until it is emptied. A cylinder with a specified\nservice life may not be refilled and offered for transportation after its authorized service life has\nexpired.\nQUESTIONS:\n1) Does that mean a cylinder filled in 1986 need not be re-qualified andlor hydrostatically tested\nif it has never been emptied?\n2) If a 3AA breathing air cylinder rated at 2216 psi used for airline (supplied air respirators)\nrespirators is used and reaches it's low air alarm (approximately 20% of full or 550 psi ) but is\nNOT COMPLETELY EMPTY, (a) can that cylinder \"remain in service until emptied\" as stated\nin 180.205(c)? @) can that cylinder, that is not completely empty, be brought back to full (topped\noff) if it is beyond it's re-qualification period?\n3) Does this section also apply to Special Permit cylinders. Example: E-7277 is used as an\n\"Emergency Escape Breathing Device\" and is filled in 1990 but never emptied.\n(a) Can this cylinder remain in service beyond it's prescribed service life of 15 years?\n(b) Does this cylinder require periodic re-qualification if not emptied?\nPlease provide written clarification.\nRespectfully,\nBill McDonald\nHagemeyer North America\n2 170 Commerce Ave. Suit \"D\"\nConcord, CA 94520\n5 10-258-8 107\nbmcdonald@hagemeyerna. com","truncated":false,"body_characters":6411}