{"operation":"document","citation":"11-0270","title":"Ferrellgas LP — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-01-26","effective_on":null,"summary":"11-0270 response to Ferrellgas LP concerning 180.215.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0270.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0270.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0270","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110270.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department 1200 New Jersey Avenue SE\nof Transportation Washington, DC 20590\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMr. Jerry Swank\nFerrellgas LP\nOne Liberty Plaza MD# 5\nLiberty, MO 64068\nReference No.: 11-0270\nDear Mr. Swank:\nThis responds to your letter requesting clarification of Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180) applicable to the record keeping requirements for\nDepartment of Transportation (DOT) specification cylinders that have been vis~ally\ninspected and requalified. Specifically, you ask whether the actual cylinder dimensions are\nrequired to be included on the requalification record specified in § 180.215, when a visual\ninspection and requalification are performed on DOT specification steel cylinders and low\npressure aluminum cylinders.\nThe answer is yes. The actual cylinder dimensions are required to be included on the\nrequalification record specified in § 180.215. The requirements for reporting and record\nretention of cylinders, including DOT specification steel cylinders and low pressure\naluminum cylinders, are specified in § 180.215. In accordance with § 180.215(b)(2), the\ndate of requalification; serial number; DOT specification or special permit number; marked\npressure; actual dimensions; manufacturer's name or symbol; owner's name or symbol, if\npresent; result of visual inspection; actual test pressure; total, elastic and permanent\nexpansions; percent permanent expansion; disposition, with reason for any repeated test,\nrejection or condemnation; and legible identification of test operator must be included on\nthe requalification record.\nYou also state in your incoming letter that based on the requirements of the Compressed\nGas Association (CGA) Pamphlet C-6 or C-6.3 and § 180.209(g), it is your opinion that\nthe actual dimensions of the cylinder are not required on the requalification record. As\nnoted in your letter, the external visual inspection of a DOT specification cylinder must be\ncompleted in accordance with the CGA Pamphlet C-6 or C-6.3, as applicable. However\nthe specific reporting and record retention requirements must be recorded and maintained\nin accordance with § 180.215. Further, in your letter, you state that § 180.209(g) lists\nspecific information that visual inspection records must include and that this list makes no\n\n<<<PAGE 2>>>\n\nmention of actual cylinder dimensions. You are correct that this list does not include\nactual cylinder dimensions. However, this list is not all encompassing and § 180.209(g)\nfurther states that records \"must be recorded and maintained in accordance with\n§ 180.215.\"\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\n\",FerrellgQs ~\n~ 12>0 . 2( £>\n~~e-~~\nis IS 0 ·7°4\n~ [,nolers\n,( ... ()t..;70\nOctober 21,2011\nMr. Charles E. Betts\nDirector, Office of Hazardous Materials Standards\nU.S. DOT/PHIVISA (PHH-10)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nMr. Betts,\nPlease accept this letter as our request for an interpretation of 49 CFR 180.215\ntitled; reporting and record retention requirements. At our facilities we perform\nvisual requalification inspections on both steel and aluminum LPG cylinders. We\ndon't perform any pressure testing or rebuilding of LPG cylinders.\nRecently our company received a PHMSA audit. According to the PHMSA\nInvestigator, based on 180:215, we were in violation for not recording the size of\ncylinders in actual dimensions. He referenced 180.215(b)(2) Pressure test and\nvisual inspection records; stating this re,quired Lis to record the actual dimensions\nof the cylinders we performed the visual requalification inspection on.\nIt is my contention, based on CGA 0;..6 pampblets/information to perform visual\ninspections, reGording the-actual qimensions of a cylinder is not required. In\n5.2.6:1 MeasuremenqCGA C;6 2007) it explains:how:cylinders with bulges can\nbe measured and whatthe' limits are for cylinders to be condemned. I don't find\nany where in CGA C-6 or CGA C-6.3 where it states that every cylinder must or\nshall be measured for size and recorded. It only states that cylinders with bulges\ncan be measured to determine if the amount of bulge would condemn the\ncylinder. '\n..... t·L .\nIn 49 CFR 180.209(g) titled; requirements for requalification of specification\ncylinders, the following1verbiage is li~ted: .':; Records mt1$t include: date of\ninspection (monthcmd year); DOT specification number;, cylinder identification\n(registered symbol and serial number, date bfman,ufacture, and owner); type of\ncylinder protective coating (including statement as to need of refinishing Dr\nrecoating); conditions checked (e.g., leakage, corrosion, gouges, dents Dr digs in\nshell Dr heads; broken Dr damaged footring Dr protective ring Dr fire damage);\ndisposition of cylinder (returned to service, returned .to: cylinder manufacturer for\nrepairs Dr condemned) .... , Nothing is listed about \"actual dimensions\" of cylinder.\nwww.ferrellgas.com\nOne Liberty Plaza· Mail Drop #5. Liberty, MO 64068. Telephone: 816-792-1600. Fax: 816-792-7884\n\n<<<PAGE 4>>>\n\nIn Appendix A, a sample visual inspection report is shown but does not have a\ncolumn for listing the size of the cylinder in actual dimensions. I understand this\nis information only and is not part of the regulation. However, if it is required then\nwouldn't eGA's sample form have a column to list the actual dimensions of the\ncylinder?\nPlease respond to the following question.\n1. When performing visual inspection and requalification of specification\n. steel compressed gas cylinders and low pressure aluminum\ncompressed gas cylinders, are the actual dimensions of the cylinder\nrequired, by 49 CFR 180.215(b)(2), to be recorded on the\nrequalification record?\nThanks for your time in reviewing my question and interpretation of 49 CFR\n180.215. I look forward to your timely reply.\nSincerely\n~~\nJerry Swank\n816-792-6809\nManager DOT Compliance\nFerrellgas LP\nOne Liberty Plaza MD# 5\nLiberty, MO 64068","truncated":false,"body_characters":6139}