{"operation":"document","citation":"10-0091","title":"Mr. Juan Gonzalez — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-10-20","effective_on":null,"summary":"10-0091 concerning 173.301, 180.213.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0091.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0091.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0091","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100091.pdf","body":"<<>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials\nSafety Administration\nOCT 20 2010\n1200 New Jersey Ave, SE\nWashington, D.C. 20590\nMr. Juan Gonzalez\nCalle 29 # 17 B 100 Casa 4\nEI Retiro - Antioquia\nColombia\nReference No. 10-0091\nDear Mr. Gonzalez:\nThis is in response to your request for clarification ofthe Hazardous Materials Regulations (HMR;\n49 CFR Parts 171-180) applicable to certain cylinder marking requirements. Your questions are\nparaphrased and answered below.\nQl. Section 173.301(b) (Note: your e-mail refers to the out-of-date cite, § 173.34. The\ninformation was moved to § 173.301 in a final rule, \"Hazardous Materials: Requirements for\nMaintenance, Requalification, Repair and Use of DOT Specification Cylinders,\" HM-220D,\n67 FR 51652, published August 8, 2002.) states that additional information may be marked\non the cylinder provided it does not affect the required markings prescribed in the applicable\ncylinder specification. What type of additional information is referred to in this statement?\nA1. Section 173.30 1 (b) refers to any information that is not required. The non-required\nadditional information may not diminish or obstruct the required information. In addition,\n§ 178.35(f) addresses additional marking requirements for specification cylinders.\nAdditional markings include those that are not required in Part 180 of Subpart C and\n§ 178.35(f).·\nQ2. Who is authorized to place information on the cylinder?\nA2. The application ofrequalification markings required under the HMR are only authorized by\nindividuals meeting the requirements ofPart 107, Subpart I, \"Approval ofIndependent\nInspection Agencies, Cylinder Requalifiers, and Non-domestic Chemical Analyses and Tests\nofDOT Specification Cylinders.\"\nQ3. Is the indentation of new information over the surface where original information was\ninitially stamped acceptable?\nA3. Requalification markings inust conform to requirements in § 180.213, including maintaining\nthe minimal wall thickness and specifications for the marking size and location. Generally,\n\n<<>>\n\nall specification markings must be maintained, legible, and visible at all times. Previous\nrequalification markings may not be obliterated except as provided in § 180.213(b )(2).\nI hope this information is helpful. Please contact this office should you have additional questions.\nSincerely,\nrr4~~\nT. Glenn Foster\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<>>\n\nDrakeford. Carolyn (PHMSA)\nFrom: INFOCNTR (PHMSA)\nSent: Friday, April 23, 201012:06 PM \n Jo- 009I\nTo: Drakeford, Carolyn (PHMSA)\nSubject: FW: Question about CFR 49 part 173.34\nCarolyn,\nThanks,\nRob\nThis gentleman would like a written letter of interpretation based on the emails contained below.\nFrom: Juan Carlos Gonzalez Velez [mailto:gonzaljk@yahoo.com]\nSent: Friday, April 23, 2010 12:01 PM\nTo: INFOCNTR (PHMSA)\nCc: masanchez@andi.com.co\nSubject: Re: Question about CFR 49 part 173.34\nThis morning called up to the numbers provided by you in the US and I had a phone conversation\nwith a Subject Matter Expert who guided me in a very detailed way. Thanks for that.\nCan you please send a WRITTEN RESPONSE to my questions bellow? I really appreciate your\nassitance.\nBest Regards,\nJuan Gonzalez.\nFrom: Juan Carlos Gonzalez Velez \nTo: INFOCNTR@dot.gov\nSent: Fri, April 23, 2010 9:30:53 AM\nSubject: Re: Question about CFR 49 part 173.34\nThank you for your prompt response.\nMy question is basically about seamless cylinders used to fill and transport industrial and medical\ngases at high pressure. I will be happy to speak with a subject matter expert in this field, so thanks for\nthe phone # given, I will be ringing soon.\nMy phone number is +57 311 7645952, you can reach me any time. Thanks again\nBest regards,\nJuan Gonzalez\nFrom: \"INFOCNTR@dot.gov\" \nTo: gonzaljk@yahoo.com\nSent: Fri, April 23, 2010 8:28:00 AM\nSubject: RE: Question about CFR 49 part 173.34\nDear Juan Carlos Gonzalez Velez,\nWe have received your inquiry about the hazardous materials regulations (49 CFR Parts\n171-180). The hazardous materials regulations are available at the following URL:\n.htm\n1\n\n<<>>\n\nA hazardous materials regulatory specialist would be happy to speak with you regarding\nyour inquiry. You may contact the Hazardous Materials Information Center, which is\nstaffed with regulatory who can quickly answer your ions phone,\nMonday through Friday, 9 AM - 5 PM EST at (800) 467 4922 or (202) 366-4488.\nAlternatively, if you would like a regulatory specialist to contact you directly, please\nrespond to this e-mail with a telephone number where you can be reached between 9 AM and\n5 PM EST.\nSincerely,\nRobert Benedict, Hazardous Materials Specialist\nAn e-mail response from this office is considered informal guidance. Formal guidance may\nbe requested in accordance with 49 CFR 105.20.\nFrom: Juan Carlos Gonzalez Velez [mailto:gonzaljk@yahoo.com]\nSent: Thursday, April 22, 2010 5:40 PM\nTo: contactcenter@gpo.gov; INFOCNTR (PHMSA)\nCc: masanchez@andi.com.co\nSubject: Question about CFR 49 part 173.34\nI do not know if you are the right department to ask for this information but just in case is not your business,\nplease pass this message to the appropriate department or person who deals with questions asked to regulations\nboards in the TRANSPORTATION field.\nI am sending this message to three agencies (GPO, NARA by another means, and DOT to whom I also sent this\nquestion through its web page) that may offer some assistance. Please respond even ifthe three of you have a\nresponse.\nReading CFR 49 part 173.34 about qualification, maintenance and use of cylinders, a doubt comes up regarding\nthe nature of additional information that may be placed on the cylinder. Basically note (C-1) about cylinder\nmarking says: \"Additional information not affecting the markings prescribed in the applicable cylinder\nspecification may be placed on the cylinder. No indentation may be made in the sidewall of the cylinder unless\nspecifically permitted in the applicable specification\". My questions are:\n1. What type of additional information is referred to here?, Is it additional to the original one when\ncylinder was manufactured. If that is the case, could it be even original information that is becoming\nillegible because of its usage?\n2. Who is authorized to place such information on the cylinder, and what kind of tests may endorse the\nnew information stamped?\n3. Is it reasonable to accept indentation of new information over the surface where original information\nwas initially stamped?\nThanks in advance for your prompt response.\nJuan Gonzalez\n2","truncated":false,"body_characters":6668}