Safetech — Hazardous Materials Safety Interpretation

Page 1u.s. Department 1200 New Jersey Avenue, SE of Transportation Washington, D.C. 20590 Pipeline and Hazardous Materials Safety Administration MAR 3 0 2012 Mr. Robert Holley Safetech 1230 Wilson Court Humble, TX 77396 Ref. No. 11-0272 Dear Mr. Holley: This responds to your October 28, 2011 request for clarification ofthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) regarding recordkeeping requirements applicable to a person who requalifies, repairs, or rebuilds cylinders. Your questions are paraphrased and answered as follows: Q1. Is it acceptable to have the latest editions of the required Compressed Gas Association (CGA) publications in place of the editions incorporated by reference in § 171. 7? A1. The answer is yes, if it contains the same applicable information that is in the incorporated edition. Section 180.215(a)(6) requires a person who requalifies, repairs, or rebuilds cylinders to maintain the "information contained in each applicable CGA or [American Society for Testing and Materials] (ASTM) standard incorporated by reference in § 171.7 applicable to the requalifier's activities." A more recent CGA publication may be used to satisfy this requirement provided the more recent edition contains the same relevant information that is contained in the edition incorporated by reference in § 171.7. Q2. Should independent inspectors and enforcement inspectors be allowed to demand or suggest that the facility have the latest edition of the required CGA puhlication(s) if they are not the same as the cited edition? A2. The answer is no. Unless otherwise specified in a special permit issued by the Pipeline and Hazardous Materials Safety Administration (PHMSA), the HMR only require a cylinder requalifer to have the information contained in the applicable CGA publications incorporated by reference in § 171.7. I hope this answers your inquiry. If you need additional assistance, please contact this office at (202) 366-8553. S&Y's-~ Ben Supko Acting Chief, Standards Development Standards and Rulemaking Division#

Page 2£1c,hen JQ.UJ,; ,I 9/71 · 7 . , , A-pf l'CaY;1 '-5 l 1-02-721230 Humble, Texas 77396 CRS# WV1R599K October 28,2011 Hattie Mitchell, Chief Office of Hazardous Materials Standards Regulatory Review and Reinvention 400 th Street S.W. Washington, DC 20590 Subject: Request for written interpretation on CGA pamphlets under §171. 7 Please provide a written interpretation on the above referenced subject as it pertains to cylinder re- qualifiers. .. It has now come to my attention that the enforcement group of OHM is asking our facilities to see the latest editions of these pamphlets as well as the cited editions. I am requesting a written response to these questions: 1) Is it acceptable to have the latest editions of the required CGA pamphlets in place ofthe cited editions in §171. 7 if the latest edition is not cited in the edition? 2) Should Independent inspectors and enforcement inspectors be allowed to demand or suggest that the facility have the latest edition of the required CGA pamphlet(s) if they are not the same as the cited edition? Thank you in advance for your attention to this request. I look forward to your reply. ~~#r~t:~olley Vp/Quality#