{"operation":"document","citation":"11-0238","title":"NitroxFox LLC. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-11-15","effective_on":null,"summary":"11-0238 response to NitroxFox LLC. concerning 171.7, 173.302, 180.205.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0238.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0238.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0238","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110238.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department Washington. DC 20590\n1200 New Jersey Avenue SE\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nNOV 1 5 2011\nMr. John Fox\nNitroxF ox LLC.\nP.O. Box 32091\nSarasota, Florida 34239\nReference No.: 11-0238\nDear Mr. Fox:\nThis responds to your September 16, 2011 letter regarding the cleaning requirements for\ncompressed gas cylinders containing breathing enriched air (Nitro x ) under the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180). Specifically, this is a follow-up letter\nin response to your previous request for: a letter of interpretation (Ref. No. 11-0175) and asks\nadditional questions pertaining to the cleaning requirements for cylinders used for the\ncontainment ofNitro x with elevated levels ofoxygen ranging from 21 % to 100%. Your\nquestions are paraphrased and answered as follows:\nQl: Ifan aluminum Department ofTransportation (DOT) specification cylinder is to be\nused to transport Nitrox with elevated levels of oxygen ranging from 21% to 100%,\nmust the cylinder cleaning conform to the cleanliness requirements specified in\n173.302(b)?\nAI: The answer is yes. As noted in the response to your previous request for a letter of\ninterpretation (Ref. No. 11-0175), ifthe oxygen concentration is greater than 23.5%,\nthe conditions specified in § 173.302(b) must be met. Each DOT aluminum cylinder\nin oxygen service must be cleaned in accordance with the requirements of General\nServices Administration (GSA) Federal Specification RR-C-90ID, paragraphs 3.3.1\nand 3.3.2 (Incorporated By Reference (IBR), see § 171.7). Cleaning agents\nequivalent to those specified in GSA Federal Specification RR-C-901D may be\nused, provided they do not react with oxygen. One cylinder, selected at random from\na group of 200 or fewer and cleaned at the same time, must be tested for oil\ncontamination in accordance with GSA Federal Specification RR-C-901D,\nparagraph 4.3.2, and meet the specified standard of cleanliness.\nQ2. If an Aluminum United Nations (UN) pressure receptacle is to be, used to transport\nNitrox with elevated levels of oxygen ranging from 21 % to 100%; must the cylinder\ncleaning conform to the cleanliness standards specified in § 173.302(b)?\n\n<<<PAGE 2>>>\n\nA2: The answer is yes. Ifthe oxygen concentration is greater than 23.5%, the conditions\nspecified in § 173.302(b) must be met. Each Aluminum UN pressure receptacle in\noxygen service, must be cleaned in accordance with the requirements of International\nStandards Organization (ISO) 11621 (IBR, see §171.7).\nQ3: In your current incoming letter, you state it is your opinion that GSA Federal\nSpecification RR-C-901D does not contain \"detailed cleaning procedures.\" Based\non this lack of\"detailed cleaning procedures\" you ask if a cleaning standard\nequivalent to those specified in § 173.302(b) may be used to clean aluminum DOT\nspecification cylinders and UN pressure receptacles used to transport Nitrox with\nelevated levels ofoxygen ranging from 21 % to 100%?\nA3: As provided in § 173.302(b), PHMSA requires that each DOT aluminum cylinder in\noxygen service meet the \"requirements\" ofGSA Federal Specification RR-C-901D,\nparagraphs 3.3.1 and 3.3.2, not a specific \"detailed cleaning procedure.\" Although\nGSA Federal Specification RR-C-901D does not provide a specific procedure for\nthe cleaning of aluminum DOT cylinders used in oxygen service, it does provide\nrequirements for the cleaning ofcylinders including, but not limited to, the amount\nofrust bloom permitted, oil and hydrocarbon guidance and cleanliness verification\nmethods. Provided the requirements ofGSA Federal Specification RR-C-901D,\nparagraphs 3.3.1 and 3.3.2 are met, the requirements of § 173.302(b) are satisfied.\nFor aluminum DOT specification cylinders in oxygen service, other standards such\nas ISO 11621, Compressed Gas Association (CGA) guidelines, and MIL STD 1330D\nare permitted to be used provided they are equal to or more stringent than the\nrequirements specified in GSA Federal Specification RR-C-901D, the cleaning\nagents are equivalent to those specified in GSA Federal Specification RR-C-901D\nand the cleaning agents do not react with oxygen.\nAluminum UN pressure receptacles in oxygen service, must be cleaned in\naccordance with the requirements ofISO 11621 (IBR, see §171.7) and no other\nequivalent standard may be used.\nQ4. If an aluminum cylinder, used to transport Nitrox with elevated levels of oxygen\nranging from 21 % to 100%, is marked with a DOT specification marking, must it be\nmaintained to that specification, including the cleaning requirements specified in\n§ 173 .302(b), if applicable, when it is no longer in commerce?\nA4. The answer is yes. Cylinders that are filled and used solely on a private work-site\nand not offered for transportation in commerce are subject to the Occupatidn Safety\nand Health Administration (OSHA) Standards. In accordance with OSHA standard\n29 CFR § 1910.101, each employer shall determine that compressed gas cylinders\nunder their control are in a safe condition to the extent that this can be determined by\nvisual inspection conducted as prescribed in the HMR, specifically 49 CFR\n§ 180.205. Therefore, based on § 180.205(b), which states no person may mark a\ncylinder to represent that it meets a DOT specification unless all applicable\n\n<<<PAGE 3>>>\n\nrequirements of 49 CFR subpart C ofPart 180 have been met, a cylinder that is\nmarked to certify that it conforms to HMR requirements, including the requirements\nspecified in § 173.302 if applicable, must be maintained in accordance with\napplicable specification requirements in the HMR whether or not it is in\ntransportation in commerce. Ifthe owner of the DOT specification cylinder wishes\nto continue to use the cylinder but does not wish to re-qualify the cylinder as a\nspecification cylinder, the owner must obliterate or cover any specification markings\nwhether or not it is being used to transport hazardous materials in commerce.\nI hope this satisfies your inquiry.\nSincerely,\n~~~~CJ2?>::\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 4>>>\n\n~ened/·et\n~(73. 302\n09/16/2011\n~/1~cler5\n1/-bAj~\nDear Mr. Foster,\nI thank you for your response to my inquiry and your interpretation #11-0175. In the answer to\nquestion # 1 you state to clean the cylinders according to RR-C-901D when I want to use a cylinder\ncontaining more than 23.5% 02 for enriched air (nitrox). This is a Federal Specification Procurement\ndocument. beaD, find,no detailed_deaning ..procedure in this document to guide mejn,the, cleaning of\ncylinders. For example, 3.3.1 and 3.3.2 state respectively:\n3.3 Cylinder processing.\n3.3.1 Preconditioning and internal preservation. After hydrostatic and any other testing, the\ncylinder internal surface shall be cleaned and dried to be free of moisture, oil, grease, grit,\nmachining products, loose scale, slag, or other foreign materials. Rust bloom or particulate\nmatter (approximately 1.0 to 1.5 grams) generated subsequent to inspection as a result of\nhandling and shipping is acceptable. Cleaning agents used shall be compatible with the cylinder\nmaterials and th~ intended gas service.\n3.3.2 Oil ~d hydrocarbon residue. Residual oil and other hydrocarbons resulting'from the\nnianufact1lre ofth~ c},'lin4~~ ~h~l be removed to a level not greater than 2.5 milligrams (mg) per\nsquare foot ofinternal surface area, but shall not exceed 20 mg per cylinder regardless ofthe size\nofthe cylinder. Trailer tubes shall not contain more than 40 mg ofoil or residual hydrocarbons.\nVerification ofcleanliness shall be measured by gravimetric or infrared analysis or any\nequivalent chemical analysis method. .\n173.302(b) lists ISO 11621 as well as RR-C-901D for the cleaning ofcylinders. ISO 11621 is an\nInternational Standards document but does list a detailed cleaning method procedure. It is\navailable from ANSI and the CGA It is copyrighted so I can't reproduce the steps for you in\nthis letter. Is it acceptable to use this procedure as there is no procedure listed in RR-C-901D?\nAdditionally, 171.7 is listed. 171.7 is a standards reference statute and it refers me to the\nappropriate CGA documents for cleaning and change of gas service. Is it acceptable to use CGA\nguidelines or the ISO 11621 procedures for the cleaning of cylinders as they both have detailed\nprocedures for change ofgas service?\nAdditionally, the US Navy Diving Manual Rev 6, which was revised and published on 15 April\n2008 and 'is the most cwTent m8.nual as ofthis time, refers to MIL SID 1330D for cleaning\npr9,~ed~es. It is printed as. such: ,\n·10-9 EQUIPM.ENT CL.EANLINESS. .\nCleanliness ana the procedures used to obtain cleanliness are a concern with NlTROXsystems. MILSTD-1330\nis applicable to anything with an oxygen level higher than 25 percent by volume.\nTherefore, rvnL-STD-1330 must be followed when dealing with NITROX systems. Personnel\n\n<<<PAGE 5>>>\n\ninvolved in the maintenance and repair ofNJTROX equipment shall complete an oxygen clean\nworker course, as described in MIL-STD-1330. Even with oxygen levels of25 to 40 percent, there is\nstill a greater risk offrre than with compressed air. Materials that would not normally burn in air may\nburn at these higher 02 levels. Normally combustible materials require less energy to ignite and will\nburn faster. The energy required for ignition can come from different sources, for example adiabatic\ncompression or particle impact/spark. Another concern is that if improper cleaning agents or\nprocesses are used, the agents themselves can become fire or toxic hazards. It is therefore\nimportant to adhere to MIL-STD-1330 to reduce the risk of damage or loss of equipment and injury\nor death of personnel.\nI understand that 173.302(b) requires cleaning for 02 percentages above 23.5% 02 if I wish to\ntransport a cylinder by rail, water, air or roadway. Would any of those detailed documents for\ncleaning of cylinders and equipment be acceptable as there is no detailed procedure in RR-C-901D?\nAdditionally,l have read interpretation 10-0207 of March 24, 2011 and it seems that these\nregulations would be in effect whether or not a cylinder is used in commerce if I want to transport\nthe cylinder. Must these cleanliness standards be met if a cylinder is not used in commerce but still\nused to transport the cylinder? Interpretation 10-0207 states:\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......\nAS I read this interpretation it would seem one needs to obliterate the DOT markings if they want to\nuse the cylinder solely on private property and not maintain the DOT PHMSA standards. Do I\nunderstand this correctly?\nI thank you again for the attention, patience, and detail you have paid to my inquiries.\nNitroxFox LLC\nPO Box 32091,\nSarasota, FL, 34239","truncated":false,"body_characters":10893}