{"operation":"document","citation":"11-0278","title":"Thunderbird Cylinder — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-04-02","effective_on":null,"summary":"11-0278 response to Thunderbird Cylinder concerning 180.205.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0278.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0278.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0278","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110278.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nAI'! 0 2 2012\nMr. Fred Nachman\nThunderbird Cylinder\n4209 E. University Drive\nPhoenix, AZ 85034-7315\nReference No.: 11-0278\nDear Mr. Nachman:\nThis responds to your letter requesting clarification of Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180) applicable to the requalification and condemnation\nrequirements for compressed gas cylinders. Specifically, you ask for clarification and\ndirection from the Department of Transportation (DOT) regarding foreign manufactured\naluminum medical home oxygen cylinders, some of which have shown an identifiable\nrelease of hazardous materials to the environment during their usage.\nIn your incoming letter, you describe a scenario in which your company (Thunderbird) was\nadvised by the sales representative of a foreign manufacturer of medical home oxygen\ncylinders that there were numerous incidents of leakage upon the initial shipments of this\nforeign manufacturer's cylinders five-six years ago, due to defects in both the cylinders and\nthe valves. During your most recent requalification operations, Thunderbird requalified and\nreinstalled the existing valves back into the above referenced cylinders, of which many\nwere, subsequently, returned by users as defective and leaking. During an investigation by\nThunderbird and DOT officials, it was verified that the leaking of the cylinders was caused\nby one or more of the following reasons: 1) rough and shallow cutting of neck threads by the\nmanufacturer, 2) initial over-torqueing of valves after manufacture, 3) burrs, 4) thread\ndamage from handling, 5) oversized diameter and depth of the counter bore, and 6) possible\nnon-specification aluminum used for construction. You seek guidance regarding the\ndisposition of these cylinders.\nSection 180.205 provides the general requirements for requalification of specification\ncylinders, including the requirements for cylinder condemnation. In accordance with\n§ 180.205(i)(1 )(i), a cylinder must be condemned when the cylinder meets a condition for\ncondemnation under the visual inspection requirements of§ 180.205(f). As specified in\n§ 180.205(f)(3) each cylinder subject to a visual inspection must be approved, rejected or\ncondemned according to the criteria in the applicable Compressed Gas Association (CGA)\npamphlet, in this case CGA-6.1, 2002 edition. CGA-6.1 specifies in 5.9, that a cylinder\nmust be rejected when the neck threads are materially reduced so that a gas tight seal cannot\n\n<<<PAGE 2>>>\n\nbe obtained by reasonable valving methods. Therefore, the cylinders you describe in your\nincoming letter must be rejected as they are not in compliance with the applicable CGA\npamphlet as required by§ 180.205(f)(3). Furthermore, it should be noted that§ 171.2(e)\nforbids offering for transportation a damaged packaging containing a hazardous material.\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\nOctober 31, 2011\nMr. Charles Betts\nOffice of Hazardous Materials Standards\nUS Department of Transportation East Building\n1200 New Jersey Avenue, SE\nWashington, DC 20590-0001\nVia Email: Charles.betts@dot.gov; Vincent.mercandante@dot.gov; Mark.toughiry@dot.gov;\nRyan.posten@dot.gov\nSubject: M0306 QingPu and M0305 Shanghai HP Chinese Cylinders\nMr. Vincent Mercadante of DOT performed a cylinder investigation today at Thunderbird and requested\nfive (5) out of61 Chinese manufactured medical aluminum cylinders and valves be shipped to the\nattention of Scott Simmons at DOT for further technical inspection and evaluation.\nThe Issue: Thunderbird has been advised by the manufacturer's sales representative that there were\nnumerous incidents of leakage upon the initial shipments of this new product into the industry 5-6 years\nago, due to defects in both the cylinders and valves. During our most recent requalification operations\nfive years later, i.e., this month, Thunderbird requalified and reinstalled the existing valves back into\n120+ of the above referenced cylinders, 61 of which were, subsequently, returned as leakers from our\nclients. These cylinders are utilized for medical home oxygen. Our reviewand Mr. Mercadante's\ninvestigation verified that the leaking was caused for one or more of the following reasons: rough and\nshallow cutting of neck threads at manufacturer, initial over-torqueing of valves after manufacture, burrs,\nthread damage from handling, oversized diameter and depth of the counter bore, possible non-spec\naluminum, etc .. It should be noted that the IIA- Arrowhead verified its marking and the serial numbers of\nthese cylinders. Accordingly, these cylinders were not from the counterfeit producer who marked\".\" -\nthe topic of the Safety Alert .in the Federal Register Vol. 76, No. 109 of June 7, 2011. It should also be\nnoted that the 0-rings used after requalification were within the manufacturing tolerance. Thunderbird\nand its clients look forward to DOT's determination of the actual cause of these leaks and their direction\nof what should be done with the cylinders.\nRequest for Clarification: Thunderbird has requalified and marked the above referenced\ncylinders according to the 49CFR regs. It has also revalved them for its customer. Thunderbird has no\nauthority or cause to condemn these cylinders with the exception of the now egregiously damaged ones.\nOur clients must abide by 49CFR173.24(b )(1) ... there will be no identificable release of hazardous\nmaterials to the environment. Perhaps, it would preclude leakage if Thunderbird, at their client's\ndirection, or the client themselves were to again over-torque the valves. This would prevent leakage, at\nleast, for 5 years, and, possibly more thereafter, if they were retorqued even more at their next\nrequalification. This is obviously not a best practice. We request Clarification and Direction from DOT.\nIs Thunderbird authorized to condemn cylinders that pass requalification? Should we requalify and, then,\nadvise the customer not to use them? Should these cylinders and others from that same population be\n1\n\n<<<PAGE 4>>>\n\nrecalled? Overtorqued? Should a Safety Alert be issued by DOT? Thunderbird thanks you for your\nreview and direction.\nRespectfully,\nFred A. Nachman\nPresident\n(CiarificationLetterChineseCylinders _1 03lll.doc)\n4209 E. University Drive • Phoenix, AZ • 85034-7315\nPHONE: 602.437.4600 • FAX: 602.437.5052 • EMAIL: fredn@cylinder.com\n2","truncated":false,"body_characters":6637}