Mr. Juan Gonzalez — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration OCT 20 2010 1200 New Jersey Ave, SE Washington, D.C. 20590 Mr. Juan Gonzalez Calle 29 # 17 B 100 Casa 4 EI Retiro - Antioquia Colombia Reference No. 10-0091 Dear Mr. Gonzalez: This is in response to your request for clarification ofthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to certain cylinder marking requirements. Your questions are paraphrased and answered below. Ql. Section 173.301(b) (Note: your e-mail refers to the out-of-date cite, § 173.34. The information was moved to § 173.301 in a final rule, "Hazardous Materials: Requirements for Maintenance, Requalification, Repair and Use of DOT Specification Cylinders," HM-220D, 67 FR 51652, published August 8, 2002.) states that additional information may be marked on the cylinder provided it does not affect the required markings prescribed in the applicable cylinder specification. What type of additional information is referred to in this statement? A1. Section 173.30 1 (b) refers to any information that is not required. The non-required additional information may not diminish or obstruct the required information. In addition, § 178.35(f) addresses additional marking requirements for specification cylinders. Additional markings include those that are not required in Part 180 of Subpart C and § 178.35(f).· Q2. Who is authorized to place information on the cylinder? A2. The application ofrequalification markings required under the HMR are only authorized by individuals meeting the requirements ofPart 107, Subpart I, "Approval ofIndependent Inspection Agencies, Cylinder Requalifiers, and Non-domestic Chemical Analyses and Tests ofDOT Specification Cylinders." Q3. Is the indentation of new information over the surface where original information was initially stamped acceptable? A3. Requalification markings inust conform to requirements in § 180.213, including maintaining the minimal wall thickness and specifications for the marking size and location. Generally,#

Page 2all specification markings must be maintained, legible, and visible at all times. Previous requalification markings may not be obliterated except as provided in § 180.213(b )(2). I hope this information is helpful. Please contact this office should you have additional questions. Sincerely, rr4~~ T. Glenn Foster Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 3Drakeford. Carolyn (PHMSA) From: INFOCNTR (PHMSA) Sent: Friday, April 23, 201012:06 PM Jo- 009I To: Drakeford, Carolyn (PHMSA) Subject: FW: Question about CFR 49 part 173.34 Carolyn, Thanks, Rob This gentleman would like a written letter of interpretation based on the emails contained below. From: Juan Carlos Gonzalez Velez [mailto:gonzaljk@yahoo.com] Sent: Friday, April 23, 2010 12:01 PM To: INFOCNTR (PHMSA) Cc: masanchez@andi.com.co Subject: Re: Question about CFR 49 part 173.34 This morning called up to the numbers provided by you in the US and I had a phone conversation with a Subject Matter Expert who guided me in a very detailed way. Thanks for that. Can you please send a WRITTEN RESPONSE to my questions bellow? I really appreciate your assitance. Best Regards, Juan Gonzalez. From: Juan Carlos Gonzalez Velez <gonzaljk@yahoo.com> To: INFOCNTR@dot.gov Sent: Fri, April 23, 2010 9:30:53 AM Subject: Re: Question about CFR 49 part 173.34 Thank you for your prompt response. My question is basically about seamless cylinders used to fill and transport industrial and medical gases at high pressure. I will be happy to speak with a subject matter expert in this field, so thanks for the phone # given, I will be ringing soon. My phone number is +57 311 7645952, you can reach me any time. Thanks again Best regards, Juan Gonzalez From: "INFOCNTR@dot.gov" <INFOCNTR@dot.gov> To: gonzaljk@yahoo.com Sent: Fri, April 23, 2010 8:28:00 AM Subject: RE: Question about CFR 49 part 173.34 Dear Juan Carlos Gonzalez Velez, We have received your inquiry about the hazardous materials regulations (49 CFR Parts 171-180). The hazardous materials regulations are available at the following URL: .htm 1#

Page 4A hazardous materials regulatory specialist would be happy to speak with you regarding your inquiry. You may contact the Hazardous Materials Information Center, which is staffed with regulatory who can quickly answer your ions phone, Monday through Friday, 9 AM - 5 PM EST at (800) 467 4922 or (202) 366-4488. Alternatively, if you would like a regulatory specialist to contact you directly, please respond to this e-mail with a telephone number where you can be reached between 9 AM and 5 PM EST. Sincerely, Robert Benedict, Hazardous Materials Specialist An e-mail response from this office is considered informal guidance. Formal guidance may be requested in accordance with 49 CFR 105.20. From: Juan Carlos Gonzalez Velez [mailto:gonzaljk@yahoo.com] Sent: Thursday, April 22, 2010 5:40 PM To: contactcenter@gpo.gov; INFOCNTR (PHMSA) Cc: masanchez@andi.com.co Subject: Question about CFR 49 part 173.34 I do not know if you are the right department to ask for this information but just in case is not your business, please pass this message to the appropriate department or person who deals with questions asked to regulations boards in the TRANSPORTATION field. I am sending this message to three agencies (GPO, NARA by another means, and DOT to whom I also sent this question through its web page) that may offer some assistance. Please respond even ifthe three of you have a response. Reading CFR 49 part 173.34 about qualification, maintenance and use of cylinders, a doubt comes up regarding the nature of additional information that may be placed on the cylinder. Basically note (C-1) about cylinder marking says: "Additional information not affecting the markings prescribed in the applicable cylinder specification may be placed on the cylinder. No indentation may be made in the sidewall of the cylinder unless specifically permitted in the applicable specification". My questions are: 1. What type of additional information is referred to here?, Is it additional to the original one when cylinder was manufactured. If that is the case, could it be even original information that is becoming illegible because of its usage? 2. Who is authorized to place such information on the cylinder, and what kind of tests may endorse the new information stamped? 3. Is it reasonable to accept indentation of new information over the surface where original information was initially stamped? Thanks in advance for your prompt response. Juan Gonzalez 2#