{"operation":"document","citation":"11-0151","title":"National Aquatic Service, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-08-25","effective_on":null,"summary":"11-0151 response to National Aquatic Service, Inc. concerning 173.302a, 180.205.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0151.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0151.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0151","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110151.pdf","body":"<<<PAGE 1>>>\n\nu.s. Department 1200 New Jersey Avenue SE\nof Transportation Washington. DC 20590\nPipeline and Hazardous\nMaterials Safety AUG 252011\nAdministration\nMr. Michael Druce\nNational Aquatic Service, Inc.\n1732 Erie Blvd. East\nSyracuse, NY 13210-1296\nReference No.: 11-0151\nDear Mr. Druce:\nThis responds to your letter requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) applicable to the requalification and use of\nDepartment of Transportation (DOT) specification cylinders. Your questions are\nparaphrased and answered as follows:\nQ1. Is it required to compute the average and maximum wall stress limitations using the\nformulas provided in § 173.302a(b )(3) when the Relative Elastic Expansion (REE)\nhas been marked on the cylinder by the manufacturer?\nAI. The answer is no. In accordance with § 173.302a(b)(3), either the average wall\nstress or the maximum wall stress can be used to determine compliance; both\ncalculations are not required. Furthermore, in addition to the formula provided in\n§ 173.302a(b )(3)(i)(A), compliance with the average wall stress limitation may be\ndetermined by computing the elastic expansion rejection limit in accordance with\nCompressed Gas Association (CGA) pamphlet C-5, by reference to data tabulated\nin CGA C-5, or by the manufacturer's marked elastic expansion rejection limit\n(REE) on the cylinder. It should be noted however, that if the maximum wall stress\nis used to determine compliance with § 173.302a(b)(3), the formula provided in\n§ 173.302a(b )(3)(ii) must be used to determine the maximum wall stress.\nQ2. If a facility only plus (+) stamps cylinders based on the REE marked on the\ncylinder by the manufacturer, is it necessary to have a copy of CGA C-5?\nA2. The answer is no. There is no requirement in the HMR mandating a facility to\nretain a copy of CGA C-5. However, if a facility is using CGA C-5 as the method\nto compute the average wall stress limitation, in accordance with\n§ 173.302a(b )(3)(iii), that facility should have access to a CGA C-5.\nQ3. Must an authorized retesting facility notify itself in writing of the condemnation\nwhen a cylinder owned by that facility, such as a cylinder used for rental purposes,\nfails periodic requalification?\n\n<<<PAGE 2>>>\n\nA3. The answer is no. In accordance with 180.205(i)(3), the requalifier of a cylinder\nmust notify the cylinder owner, in writing, that the cylinder is condemned and may\nnot be filled with hazardous material and offered for transportation in commerce\nwhere use of a specification packaging is required. However, if an authorized\nretesting facility is also the owner of the condemned cylinder it is not the intention\nof the HMR to require self notification.\nQ4. If the owner of a condemned cylinder relinquishes ownership of that condemned\ncylinder to the retesting facility for disposal or destruction, must the retesting\nfacility disposing or destroying the cylinder notify the now former owner in writing\nof that cylinder's condemnation?\nA4. The answer is no. In accordance with 180.205(i)(3), the requalifier of a cylinder\nmust notify the cylinder owner, in writing, that the cylinder is condemned and may\nnot be filled with hazardous material and offered for transportation in commerce\nwhere use of a specification packaging is required. If the condemned cylinder is\nrelinquished by a facility that is both the owner and requalifier to a subsequent\nfacility for disposal or destruction, no notification would be required.\nI hope this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nNational Aquatic Service, Inc\n1732 Erie Blvd East\nSyracuse, NY 13210-1296\n3154795544 www.nationalaquatic.com\n315479 5766 fax info@nationalaquatic.com\nBOO SEA DIVE\nBened·{~+,\n~ /18. 302~(h'M)\n5 I ~o .UJ5 (;)(3)\n~/,nd(~\n11-0/5/\nJune 2, 2011\nU.S. DOT\nPHMSA Office of Hazardous Materials Standards\nAttn: PHH-I0\nEast Building\n1200 New Jersey Avenue, SE.\nWashington, DC 20590-0001\nRE: Request for Interpretation{s)\nTo Whom It May Concern:\nNational Aquatic Service, Inc. (RINC234) is a SCUBA diving facility. During a recent\ninspection, the following issues of interpretation arose.\n1. Regarding Wall Stress Calculation requirements of §173.302a(b)(3).\na. Is it required to compute average and/or.maximum wall stress\ncalculations when the REE is marked on the cylinder by the\nmanufacturer?\nb. If a facility only Plus (+) stamps cylinders with the REE marked on the\ncylinder by the manufacturer, is it necessary to have a copy of CGA\nC-5?\n2. Regarding notification of cylinder owner in writing when a cylinder must be\ncondemned of § 1 BO.205(i){3)\na. Must an authorized retesting facility, a SCUBA facility, notify itself in\nwriting of the condemnation when a cylinder owned by that facility, such\nas a cylinder used for rental purposes, fails periodic requalification?\nb. If the owner of a condemned cylinder relinqUishes ownership of that\ncylinder to the retesting facility for disposal, must the retester 'notify the\nnow former owner in writing of that cylinder's condemnation?\n\n<<<PAGE 4>>>\n\nNational Aquatic Service, Inc\n1 732 Erie Blvd East\nSyracuse, NY 13210-1296\n315 479 5544 www.nationalaquatic.com\n3154795766 fax info@nationalaquatic.com\n800 SEA DIVE\nPlease contact me if you have any questions. Thank you for you assistance in this\nmatter.\nSincerely,\nMichael Druce\nFacility Manager RINC234\nNational Aquatic Service, Inc","truncated":false,"body_characters":5526}