Linde Gas North America, LLC — 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 1 4 2012 Mr. Guy Dalton Head of Transport Compliance/Safety Linde Gas North America, LLC 130 Briar Hill Painesville, OH 44077 Ref. No. 11-0297 Dear Mr. Dalton: This responds to your December 2, 2011 letter requesting clarification of marking requirements for foreign-made UN cylinders under the Hazardous Materials Regulations (HMR; 49 CFRParts 171-180). Your questions are paraphrased and answered as follows: 01. Does equal treatment of U.S.-made specification cylinders.by a foreign competent authority eliminate the requirement that a foreign-made UN cylinder must be approved in accordance with the HMR? AI. No. With regard to use of cylinders, except for Canadian-made cylinders authorized under Transport Canada's Transportation of Dangerous Goods Regulations (see § 171.12(a)(4)) and foreign-made cylinders under conditional use in port areas or for export (see § 171.23(a)(3)), foreign-made UN cylinders are not authorized for transportation to, from, or within the United States unless approved under the HMR (see §§ 178.69 thru 178.71) and marked "USA" as the country of approval (§ 171.23(a)(2)(iv)). 02. Maya foreign-made UN cylinder be imported into the U.S. that only has the stamp marking of the country of manufacture? A2. No. A UN cylinder must also be marked with the country of approval whether the U.S., the country of manufacture, or another competent authority. As noted in AI, except under certain authorized conditions, cylinders must be approved in accordance with the requirements of the HMR and display the "USA" marking. 03. If a foreign-made UN cylinder does not conform to the marking of § 178. 71(P )(3), what mechanism should be used to document equal treatment other than the cylinder stamp marking?#

Page 2A3. Your question relates to § 173.24( d) regarding the use of UN standard packagings (e.g., UN cylinders) manufactured outside the United States. Section 173.24(d)(2) authorizes the use of these packagings under conditions and limitations including recognition (equal treatment) of UN standard packagings manufactured in the U.S. by the competent authority of the country of manufacture. There is no documentation requirement associated with § 173.24( d)(2). These provisions neither negate nor supersede the requirements of the HMR for the approval and transport of foreign-made UN cylinders. I hope this answers your inquiry. If you need additional assistance, please contact this Office at (202) 366-8553. Sincerely, Ben Supko Acting Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3December 2, 2011 440-354-5614 130 Briar Hill Painesville, Ohio 44077 440-579-0203 guy.dalton@linde.com . ]Xr /ll nclereY7 cs II~ . ,71 Office of Hazardous Materials Standards Pipeline and Hazardous Materials Safety Administration, Attn: PHH-I0 U.S. Department of Transportation, East Building 1200 New Jersey Avenue, SE. Washington, DC 20590-0001. Request for Interpretation 11- 02.ql Dear Sir or Madame, Linde Gas North America LLC (Linde) is requesting interpretation and guidance regarding the use of foreign manufactured UN cylinders in the US. 49CFR 171.23(2)(iv) allows the importation of UN cylinders marked with "USA" as the country of approval in accordance with 178.69 and 178.70 when prepared in accordance with the ICAO technical instructions. However, 173.24(d)(2)(iii) indicates that import/export ofUNcylinders is allowed ifthe competent authority of the country of manufacture allows for reciprocal treatment ofthe UN package. • Clarification is requested regarding the reciprocal treatment, specifically, does such reciprocal treatment preclude or eliminate the requirement that the UN cylinder have both the export country's, and the "USA" authorization stamp marking as required in 178.71(p)(3) to be imported, transported and used in the USA? • Maya cylinder be imported into the USA that only has the stamp markings of the country of manufacture? • Ifthe cylinder is not marked as required in 178.71(p)(3), what is the required mechanism to document reciprocal treatment other than the cylinder stamp marking? A written response at your earliest convenience is appreciated. Sincerely ~I'f)der.s Guy Dalton Head ofTransport Compliance/Safety Linde Gas North America LLC 440-251-0303 guy.dalton@linde.com Linde Gas North America LLC#