{"operation":"document","citation":"11-0272","title":"Safetech — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-03-30","effective_on":null,"summary":"11-0272 response to Safetech concerning 171.7, 180.215.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0272.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0272.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0272","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110272.pdf","body":"<<<PAGE 1>>>\n\nu.s. Department 1200 New Jersey Avenue, SE\nof Transportation Washington, D.C. 20590\nPipeline and Hazardous\nMaterials Safety\nAdministration MAR 3 0 2012\nMr. Robert Holley\nSafetech\n1230 Wilson Court\nHumble, TX 77396\nRef. No. 11-0272\nDear Mr. Holley:\nThis responds to your October 28, 2011 request for clarification ofthe Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) regarding recordkeeping requirements applicable to\na person who requalifies, repairs, or rebuilds cylinders. Your questions are paraphrased and\nanswered as follows:\nQ1. Is it acceptable to have the latest editions of the required Compressed Gas Association\n(CGA) publications in place of the editions incorporated by reference in § 171. 7?\nA1. The answer is yes, if it contains the same applicable information that is in the incorporated\nedition. Section 180.215(a)(6) requires a person who requalifies, repairs, or rebuilds cylinders to\nmaintain the \"information contained in each applicable CGA or [American Society for Testing\nand Materials] (ASTM) standard incorporated by reference in § 171.7 applicable to the\nrequalifier's activities.\" A more recent CGA publication may be used to satisfy this requirement\nprovided the more recent edition contains the same relevant information that is contained in the\nedition incorporated by reference in § 171.7.\nQ2. Should independent inspectors and enforcement inspectors be allowed to demand or suggest\nthat the facility have the latest edition of the required CGA puhlication(s) if they are not the same\nas the cited edition?\nA2. The answer is no. Unless otherwise specified in a special permit issued by the Pipeline and\nHazardous Materials Safety Administration (PHMSA), the HMR only require a cylinder\nrequalifer to have the information contained in the applicable CGA publications incorporated by\nreference in § 171.7.\nI hope this answers your inquiry. If you need additional assistance, please contact this office at\n(202) 366-8553.\nS&Y's-~\nBen Supko\nActing Chief, Standards Development\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\n£1c,hen JQ.UJ,;\n,I\n9/71 · 7 .\n, ,\nA-pf l'CaY;1 '-5\nl 1-02-721230\nHumble, Texas 77396\nCRS# WV1R599K\nOctober 28,2011\nHattie Mitchell, Chief\nOffice of Hazardous Materials Standards\nRegulatory Review and Reinvention\n400 th Street S.W.\nWashington, DC 20590\nSubject: Request for written interpretation on CGA pamphlets under §171. 7\nPlease provide a written interpretation on the above referenced subject as it pertains to cylinder re-\nqualifiers. ..\nIt has now come to my attention that the enforcement group of OHM is asking our facilities to see the\nlatest editions of these pamphlets as well as the cited editions.\nI am requesting a written response to these questions:\n1) Is it acceptable to have the latest editions of the required CGA pamphlets in place ofthe cited\neditions in §171. 7 if the latest edition is not cited in the edition?\n2) Should Independent inspectors and enforcement inspectors be allowed to demand or suggest\nthat the facility have the latest edition of the required CGA pamphlet(s) if they are not the same as the\ncited edition?\nThank you in advance for your attention to this request. I look forward to your reply.\n~~#r~t:~olley\nVp/Quality","truncated":false,"body_characters":3243}