{"operation":"document","citation":"10-0183","title":"Air Liquide America Specialty Gases LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-12-28","effective_on":null,"summary":"10-0183 response to Air Liquide America Specialty Gases LLC concerning 171.23, 173.301.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0183.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0183.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0183","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100183.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department ofTransportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave, SE\nWashington, D.C. 20590\nDEC 2 8 2010\nMr. Ralph Diaz\nAir Liquide America Specialty Gases LLC\n2700 Post Oak Blvd., Suite 1800\nHouston, TX 77056\nReference No.: 10-0183\nDear Mr. Diaz:\nThis is in response to your letter requesting clarification of the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180) applicable to the filling of non-DOT, non-UN/ISO compressed\ngas cylinders for export. Specifically, you ask for verification that the requirement found in\n§ 171.23(a)(4)(ii) specifying that non-DOT, non-UN/ISO compressed gas cylinders for export\nmust be equipped with a pressure relief device (PRD) is the intention of the United States\nDepartment of Transportation and not an error.\nOn August 8, 2002, the Research and Special Programs Administration (the predecessor\norganization to the Pipeline and Hazardous Materials Safety Administration (PHMSA» issued a\nfinal rule under Docket No. HM-220D [67 FR 51625] to amend various requirements related to\nthe maintenance, requalification, use, and repair of DOT specification cylinders. As part of this\nrulemaking, § 173.301(1) was added and specified the \"requirements for filling foreign cylinders\nfor export.\" As you noted in your incoming letter, as recently as 2003-2004, § 173.301(1)\nallowed \"A cylinder not manufactured, inspected, tested and marked in accordance with part 178\nof this subchapter, or a cylinder manufactured to other than a DOT specification or exemption,\nmay be filled with a gas in the United States and offered for transportation and transported for\nexport\" under certain conditions, none of which required the cylinder to be equipped with a\nPRD. On May 3,2007, PHMSA published a final rule under Docket No. HM-215F [72 FR\n25161] which revised and consolidated the requirements applicable to the use of the authorized\ninternational standards. As part of this rulemaking, PHMSA moved the cylinder import/export\nrequirements from paragraphs (k) and (1) in § 173.301 to a new § 171.23. These sections were\nnot intended to be modified, only moved from one location in the regulations to a new location.\nThis issue will be addressed in a future rulemaking.\nThank you for identifying this need for clarification and bringing it to our attention.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\n~ AIR LlQUIDE J\n2700 Post Oak Blvd.\nSuite 1800\nHouston, IX 77056\nAugust 12,2010\nMr. Charles,Bett~. Director\nPHMSA Office ofHazardous Materials Standards\nU.S. Depa~entoflransportation\nEastBuilding, PHH-20\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590-0001\nDear Mr. Betts:\nWe bring to the attention of U.S. DOT, a requirement within the regulations that appears to be in error.\nTitle 49 CFR 171.23 pertains to \"Requirements for specific materials and packagings transported under\nthe lCAO Technical Instructions, IMDG Code, Transport Canada TOG Regulations, or the IAEA\nRegulations\". As subparagraph 171.23(a)( 4)(ii) pertains to a pressure relief device requirement, the\nregulation states, \"Filling ofcylinders for export or for use on board a vessel: A cylinder not\n. manufactured, inspected, tested and marked in accordance with part 178 ofthis subchapter, or a cylinder\nmanufactured to other than a UN standard, DOT specification, exemption or special pennit, may be filled\nwith a gas in the United States and offered for transportation and transported for export or alternatively,\nfor use on board a vessel, ifthe ..... maximum filling density, service pressure, and pressure relief\ndevice for each cylinder confonn to the requirements .... for the gas involved; ...\".\nNote that 171.23(a)( 4)(ii) is a relatively new change to the previous regulation, 49 CFR 173.301(1)(2)\nwhich required (as recently as 2003 2004), that a non-DOT cylinder, as described above, could be filled\nfor export provided \" ... the maximum filling density and service pressure for each cylinder confonn to\nthe requirements ofthis part for the gas involved.\" There was no requirement for the non-DOT package\nto comply with pressure relief device requirements in the U.S. Note that the previous version in 49 CFR\n173.301(1)(2) was in harmony with the policy overseas where a cylinder valve is not equipped with, and\ndoes not require, a pressure relief device except for certain products (i.e., liquefied gaseous products).\nThe compressed gas industry periodically encounters requests to fill non-DOT, non-UNIISO compressed\ngas cylinders for export purposes only; however, because ofthe change to the regulations circa 2005,\ncylinders manufactured to other than a UN standard or DOT specification that are shipped as empty\ncylinders to the USA for the purpose of filling AND EXPORTINU back to the customer overseas can no\nlonger be filled and exported to customers globally.\n1\n\n<<<PAGE 3>>>\n\n~ AIR LlGUIOE J\n2700 Post Oak Blvd.\nSuite 1800\nHouston, TX 77056\nIn our opinion, the change that was made to the regulations in 49 CPR 171.23(a)( 4)(ii), that pertains to\nfilling and exporting non-DOT or non-UN/ISO standard cylinders and mandates the use of a pressure\nrelief device, was in error and not the intent ofU.S. DOT.\nPlease respond to Air Liquide with any regulatory relief from, or a clarification or explanation for, 49\nCFR 171.23(a)(4)(ii).\nSincerely,\nRa::?:n~~7\nAir Liquide America Specialty Gases LLC\n2700 Post Oak Blvd, Suite 1800\nHouston, TX 77056\n(713) 499-6867\n2","truncated":false,"body_characters":5523}