Air Liquide America Specialty Gases LLC — Hazardous Materials Safety Interpretation

Page 1U.S. Department ofTransportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave, SE Washington, D.C. 20590 DEC 2 8 2010 Mr. Ralph Diaz Air Liquide America Specialty Gases LLC 2700 Post Oak Blvd., Suite 1800 Houston, TX 77056 Reference No.: 10-0183 Dear Mr. Diaz: This is in response to your letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the filling of non-DOT, non-UN/ISO compressed gas cylinders for export. Specifically, you ask for verification that the requirement found in § 171.23(a)(4)(ii) specifying that non-DOT, non-UN/ISO compressed gas cylinders for export must be equipped with a pressure relief device (PRD) is the intention of the United States Department of Transportation and not an error. On August 8, 2002, the Research and Special Programs Administration (the predecessor organization to the Pipeline and Hazardous Materials Safety Administration (PHMSA» issued a final rule under Docket No. HM-220D [67 FR 51625] to amend various requirements related to the maintenance, requalification, use, and repair of DOT specification cylinders. As part of this rulemaking, § 173.301(1) was added and specified the "requirements for filling foreign cylinders for export." As you noted in your incoming letter, as recently as 2003-2004, § 173.301(1) allowed "A cylinder not manufactured, inspected, tested and marked in accordance with part 178 of this subchapter, or a cylinder manufactured to other than a DOT specification or exemption, may be filled with a gas in the United States and offered for transportation and transported for export" under certain conditions, none of which required the cylinder to be equipped with a PRD. On May 3,2007, PHMSA published a final rule under Docket No. HM-215F [72 FR 25161] which revised and consolidated the requirements applicable to the use of the authorized international standards. As part of this rulemaking, PHMSA moved the cylinder import/export requirements from paragraphs (k) and (1) in § 173.301 to a new § 171.23. These sections were not intended to be modified, only moved from one location in the regulations to a new location. This issue will be addressed in a future rulemaking. Thank you for identifying this need for clarification and bringing it to our attention. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2~ AIR LlQUIDE J 2700 Post Oak Blvd. Suite 1800 Houston, IX 77056 August 12,2010 Mr. Charles,Bett~. Director PHMSA Office ofHazardous Materials Standards U.S. Depa~entoflransportation EastBuilding, PHH-20 1200 New Jersey Avenue, SE Washington, D.C. 20590-0001 Dear Mr. Betts: We bring to the attention of U.S. DOT, a requirement within the regulations that appears to be in error. Title 49 CFR 171.23 pertains to "Requirements for specific materials and packagings transported under the lCAO Technical Instructions, IMDG Code, Transport Canada TOG Regulations, or the IAEA Regulations". As subparagraph 171.23(a)( 4)(ii) pertains to a pressure relief device requirement, the regulation states, "Filling ofcylinders for export or for use on board a vessel: A cylinder not . manufactured, inspected, tested and marked in accordance with part 178 ofthis subchapter, or a cylinder manufactured to other than a UN standard, DOT specification, exemption or special pennit, may be filled with a gas in the United States and offered for transportation and transported for export or alternatively, for use on board a vessel, ifthe ..... maximum filling density, service pressure, and pressure relief device for each cylinder confonn to the requirements .... for the gas involved; ...". Note that 171.23(a)( 4)(ii) is a relatively new change to the previous regulation, 49 CFR 173.301(1)(2) which required (as recently as 2003 2004), that a non-DOT cylinder, as described above, could be filled for export provided " ... the maximum filling density and service pressure for each cylinder confonn to the requirements ofthis part for the gas involved." There was no requirement for the non-DOT package to comply with pressure relief device requirements in the U.S. Note that the previous version in 49 CFR 173.301(1)(2) was in harmony with the policy overseas where a cylinder valve is not equipped with, and does not require, a pressure relief device except for certain products (i.e., liquefied gaseous products). The compressed gas industry periodically encounters requests to fill non-DOT, non-UNIISO compressed gas cylinders for export purposes only; however, because ofthe change to the regulations circa 2005, cylinders manufactured to other than a UN standard or DOT specification that are shipped as empty cylinders to the USA for the purpose of filling AND EXPORTINU back to the customer overseas can no longer be filled and exported to customers globally. 1#

Page 3~ AIR LlGUIOE J 2700 Post Oak Blvd. Suite 1800 Houston, TX 77056 In our opinion, the change that was made to the regulations in 49 CPR 171.23(a)( 4)(ii), that pertains to filling and exporting non-DOT or non-UN/ISO standard cylinders and mandates the use of a pressure relief device, was in error and not the intent ofU.S. DOT. Please respond to Air Liquide with any regulatory relief from, or a clarification or explanation for, 49 CFR 171.23(a)(4)(ii). Sincerely, Ra::?:n~~7 Air Liquide America Specialty Gases LLC 2700 Post Oak Blvd, Suite 1800 Houston, TX 77056 (713) 499-6867 2#