Mr. Peter Collins — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave. S.E Washington, D.C. 20590 BUG 0 7 2009 Mr. Peter Collins U.S. Department of Justice Federal Bureau of Prisons 320 First Street, NW Washington, DC 20534 Reference No. 09-0148 Dear Mr. Collins: This is in response to your August 19,2004 letter, postmarked June 17,2009, and your June 29, 2009 telephone conversation with Ms. Eileen Edmoi~son of my staff concerning requalifying cylinders under the Hazardous Materials Regulations (HNIR; 49 CFR Parts 171- 180). Specifically, you ask whether a cylinder filled before its requalification date may remain in storage and be transported off-site for use for an indefinite period of time after this date. The answer is yes. Under the HMR, a cylinder filled (i.e., charged) before its requalification becomes due may remain in service until it is emptied, and may be transported in commerce by highway, rail, aircraft, or vessel provided the cylinder is in sound condition and all applicable HMR requirements are met (see $$ 171.2, 173.301(a)(6), and 180.205). A DOT specification cylinder containing a hazardous material need not be emptied to meet a testing schedule under the HMR but may be required for cylinders used in certain applications by some other Federal agency. A cylinder past its test date may not be filled or topped off with a hazardous material and transported in commerce. After emptying, a cylinder due for retest may not be refilled and offered for transportation unless it has been inspected and retested in accordance with Part 180, Subpart C of the HMR. However, a cylinder with a specified service life may not be refilled and offered for trailsportation after its authorized service life has expired (see $5 173.301(a)(7) and 180.205(c)). You also ask how the wording "remain in service" is defined under the HMR. The HMR do not define this phrase; however, as this phrase is used in the HMR, it meails the cylinder may be used to transport the product it contains until the cylinder is emptied, provided the cylinder continues to meet all applicable requirements. I hope this satisfies your request. Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 2- 9 18 0 205 0 U.S. Department of Justice C ~;rrders d 0 -0138 Federal Bureau of Prisons Washington, D. C. 20534 August 19,2004 U.S. Department of Transportation PHMSA Ofice of Hazardous Materials Standards Attn: PHH-10 East Building 1200 New Jersey Avenue, SE Washington, DC 20590400 1 Re: Request for clarification on 49 CFR 180.205(c), general requirements for requalification of specification cylinders. Good morning, I am writing to request clarification on language contained in 49 CFR 180.205 paragraph (c), which outlines the requirements for the periodic requalification of cylinders. My specific questions deal with the provision allowing a cylinder, filled before the requalification becomes due, to remain in service until it is emptied. Question # 1 : Has the term 'kemain in service" been defined? Question # 2: Can a cylinder, filled prior to the requalification date, remain in storage for an indefinite period of time beyond the scheduled requalification date? Question # 3: Can a cylinder, W p r k to the n q d & c d b date, be location after the scheduled requalification date? F& you for y o u time an8 assistance. Peter Collins Federal Bureau of Prisons 320 First Street NW Washington, DC 2053#