{"operation":"document","citation":"10-0207","title":"Airgas SAFECOR — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-03-24","effective_on":null,"summary":"10-0207 response to Airgas SAFECOR concerning 180.205.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0207.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0207.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0207","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100207.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation 1200 New Jersey Ave. SE\nWashington. D.C. 20590\nPipeline and Hazardous Materials\nSafety Administration\nMAR 242011\nMr. Jon Anderson\nAirgas SAFECO R\nP.O. Box 20067\nCheyenne, WY 82003\nReference No.: 10-0207\nDear Mr. Anderson:\nThis responds to your email requesting clarification applicable to the use of Department of\nTransportation (DOT) specification cylinders under the Hazardous Materials Regulations (HMR;\n49 CFR Parts 171-180). Your questions are paraphrased and answered as follows:\n01. If a cylinder is marked with a DOT specification marking, must it be maintained to that\nspecification when it is no longer in commerce?\nAI. The answer is yes. Cylinders that are filled and used solely on a private work-site and not\noffered for transportation in commerce are subject to the Occupation Safety and Health\nAdministration (OSHA) Standards. In accordance with OSHA standard 29 CFR\n§ 1910.101, each employer shall determine that compressed gas cylinders under their\ncontrol are in a safe condition to the extent that this can be determined by visual\ninspection conducted as prescribed in the HMR, specifically 49 CFR § 180.205.\nTherefore, based on § 180.205(b), which states no person may mark a cylinder to\nrepresent that it meets a DOT specification unless all applicable requirements. of 49 CFR\nsubpart C of Part 180 have been met, a cylinder that is marked to certify that it conforms\nto HMR requirements must be maintained in accordance with applicable specification\nrequirements in the HMR whether or not it is in transportation in commerce. If the owner\nof the DOT specification cylinder wishes to continue to use the cylinder but does not\nwish to re-qualify the cylinder as a specification cylinder, the owner must obliterate or\ncover any specification markings whether or not it is being used to transport hazardous\nmaterials in commerce.\n02. If an individual has the ability to fill its own DOT specification cylinders and use them\nentirely on private property, does DOT have jurisdiction over these cylinders?\nA2. Cylinders that are filled and used at a private work-site and not offered for transportation\nin commerce are not directly regulated under the HMR, but in fact come under the\njurisdiction of Occupation Safety and Health Administration (OSHA) Standards. It\nshould be noted that based on 29 CFR § 1910.101, if the owner of the cylinder wishes to\n\n<<<PAGE 2>>>\n\nfill and continue to use the DOT specification cylinder but does not wish to re-qualify the\ncylinder as a DOT specification cylinder, they must obliterate or cover any specification\nmarkings even when used entirely on private property.\n03. . If a customer has a tube trailer that contains DOT specification cylinders that are past\ntheir requalification test date can these cylinders be filled and used on-site? Does the\nDOT have jurisdiction over these cylinders?\nA3. Cylinders that are filled and used at a private work-site and not offered for transportation\nin commerce are not directly regulated under the HMR, but in fact come under the\njurisdiction of OSHA. It should also be noted that based on 29 CFR § 1910.101, if the\nowner of a tube trailer containing DOT specification cylinders that are past the\nrequalification test date wishes to fill and continue to use a tube trailer containing DOT\nspecification cylinders on-site, the owner must retest and mark the cylinders in\naccordance with appropriate specification in the HMR or, as an alternative, obliterate or\ncover any specification markings.\nI hope this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\n-/AO-/b ~~\n~Xles E Betts\nDirector,\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nl6-ene dIet~j1'3·o01\nDrakeford. Carolyn (PHMSA) 5 ISO. ADj\nFrom: Betts, Charles (PHMSA)\nSent: Monday, October 04,20106:47 PM\nTo: Drakeford, Carolyn (PHMSA)\nSubject: Fw: DOT Letter of Interpretation we spoke about today\nFrom: John Anderson (SAFECOR) [mailto:John.Anderson.SAFECOR@Airgas.com]\nSent: Monday, October 04,2010 06:40 PM\nTo: Chaney, Wayne (PHMSA); Cassidy, Duane (PHMSA)\nSubject: DOT Letter of Interpretation we spoke about today\nGood evening,\nThis is the Letter of Interpretation that we spoke about today. Our main question is - Does the DOT still stand behind the\nstatement that if the cylinder is marked with a DOT specification that is must be maintained to that specification regardless\nif it is in commerce?\nExample - if a customer has the ability to fill their own cylinders (such as a 3AA) on site and use them on site does the\nDOT have jurisdiction over these cylinders?\nExample - if a customer has a tube trailer with out of test tubes (such as 3AAX.) but has them filled on site and uses the\nproduct from the tubes on site does the DOT have jurisdiction over these tubes?\nThank you,\nJohn Anderson\nAirgas SAFECOR\nP.O. Box 20067\nCheyenne, WY 82003\nPhone 1-307-778-8809\nFax 1-307-778-7497\njohn.anderson@airgas.com\n1","truncated":false,"body_characters":4954}