{"operation":"document","citation":"12-0016","title":"Hazardous Materials Safety Interpretation 12-0016","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-04-05","effective_on":null,"summary":"12-0016 concerning 173.309, 178.55.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0016.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0016.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0016","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120016.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue SE\nWashington. DC 20590\nAPR 0 5 2012\nMr. David R. Bacca\nDaRuBa Enterprises\nPO Box 52858\nRiverside, CA 92517-3858\nRef. No. 12-0016\nDear Mr. Bacca:\nThis responds to your January 17, 2012 letter requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) applicable to the requalification and use of\nDepartment ofTransportation (DOT) 4B, 4B240ET and special permit (SP) cylinders. Your\nquestions are paraphrased and answered as follows:\nQ I. Are DOT 4B cylinders manufactured in accordance with DOT -SP 983 7 authorized for the\ntransport of hazardous materials?\nAl. No. DOT-SP 9837, which authorized the manufacture, mark, sale, and use of DOT 4B\ncylinders marked with the lot number instead of the serial number, expired on November 30,\n2009. No person may use DOT-SP 9837 when the special permit has expired or is otherwise no\nlonger in effect. An individual who wishes to fill and offer a DOT 4B cylinder under the terms\nof DOT SP-983 7 may request the Associate Administrator reissue the special permit with\nmodifications to authorize the continued transportation in commerce of the cylinder.\nQ2. Are DOT 4B240ET cylinders that are not marked with the service pressure \"240\" following\nthe specification authorized by the HMR?\nA2. Yes. In the case of a DOT 4B240ET cylinder, 240 psig is the only authorized service\npressure. Since the service pressure is part of the specification marking, there is no need to add\nan additional mark to denote the service pressure.\nQ3. The size requirements for DOT 4B240ET cylinders outlined in§ 178.55(a), state that the\nmaximum outside diameter is five inches. Are cylinders with an outside diameter less than five\ninches authorized?\n\n<<<PAGE 2>>>\n\nA3. Yes. This provision limits the maximum outside diameter of the cylinder to five inches.\nThe requirement is not intended to imply that the outside diameter of the cylinder must be\nexactly five inches.\nI hope this information is helpful. If you have further questions, please contact this office.\nSincerely,\nf)J/:~' t/;_ Ben Supk/'\np. Acting Chief, Standards Development\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nSent by email: infocntr@dot.gov and letter communication\nTo: ~ 113. oai .\nLea~~\nh're. E x.f-tn~ ulsher-r\n12.- oo It,?\nUnited States Department of Transportation\nPipeline and Hazardous Materials Safety Administration\nAttn: PHH-10\nEast Building, 1200 New Jersey Avenue, SE\nWashington, DC 20590-0001\nFrom: DaRuBa Enterprises\nPO Box 52858\nRiverside, CA 92517-3858\nTel: 951-784-5359\nEmail: daruba@daruba.us\nReference: Qualification of cylinders to §180.205(a).\nAs an instructor for a HAZMAT training company for the requalification of pressure vessels, and an inspector for an\napproved DOT Independent Inspection Agency, I am writing this letter to receive an interpretation on continuing use and\nrequalification of DOT specification 4B and 4B240ET cylinders manufactured by/for Amerex which may or may not be used\nas hand-held portable fire extinguishers (i.e. 2~. 5, and 1 Olb size).\nEach year there are requests to perform HAZMAT training and DOT Facility Cylinder Requalification Inspections from\ncompanies that are servicing DOT specification portable fire extinguishers. These facilities are required to go thru the\ninspection and application process that may require upgrading equipment, first time and/or recurrent HAZMAT training, and\nthe expense of the inspection prior to their approval or renewal to hold a current RIN. There is also great effort by these\nfacilities to do the right thing. ·\nRequirements for HAZMAT training have brought into sight the discrepancy of these cylinders. Without a proper message\nbeing relayed, the industry is diminished both in its regulatory duties and voluntary compliance by individuals could veer in\nan adverse direction. Clarification will also solve a problem that has been in the making for many years.\nThere are 2 classifications for cylinders that are being used as fire extinguishers, non-specification and DOT-specification\n(refer§ 173.309 Fire Extinguishers). The \"non-specification\" cylinders require requalification in accordance with OSHA\nrequirements and the \"DOT specification\" cylinders require the RIN approval process. The DOT specification cylinders may\nalso be used in other types of gas service(s).\nUpon in-depth research it has been found that there are many entities in the fire service which govern these cylinders in\ntheir approval and use which have conflicting requirements (i.e. DOT, OSHA, UL, NFPA, and the State Fire Marshall(s)).\nThe controlling authority agency for the cylinder would be the DOT as the other entities reference approved DOT cylinder\nwithin their respective documents. Clarification would assist fixing a problem that the fore-mentioned entities and\nmanufacture have not addressed very well.\nISSUE;\nactions.\nServicing of cylinders which may not be in compliance with DOT regulatory requirements leading to possible adverse legal\nREQUIREMENTS; Applying to these specifications, 4B and 4B240ET are;\n§ 171.9 Rules of construction.\n(a) In this subchapter, unless the context requires otherwise:\n(3) Words imparting the masculine gender include the feminine;\n(b) In this subchapter, the word:\n(1) \"Shall\" is used in an imperative sense;\n(2) \"Must\" is used in an imperative sense;\n\n<<<PAGE 4>>>\n\n§ 178.35 General requirements for specification cylinders.\n(f) Markings. Markings on a DOT Specification cylinder must conform to applicable requirements.\n(1 )-Each cylinder must be marked with the following information:\n(i) The DOT specification marking must appear first, followed immediately by the service pressure. For example, DOT-\n3A1800.\n(ii) The serial number must be placed just below or immediately following the DOT specification marking.\n(iii) A symbol (letfers) must be placed just below, immediately before or following the serial number. Other variations in\nsequence of markings are authorized only when necessitated by a lack of space. The symbol and numbers must be those\nof the manufacturer. The symbol must be registered with the Associate Administrator; duplications are not authorized.\n(iv) The inspector's official mark and date of test (such as 5-95 for May 1995) must be placed near the serial number.\n(4) Unless otherwise specified in the applicable specification, the markings on each cylinder must be stamped plainly and\npermanently on the shoulder, top head, or neck.\n§ 178.50 Specification 48 welded or brazed steel cylinders.\n(n) Markings. Markings must be stamped plainly and permanently in any of the following locations on the cylinder:\n(3) On a cylindrical portion of the shell which extends beyond the recessed bottom of the cylinder, constituting an integral\nand non-pressure part of the cylinder.\nAnd,\n§ 178.55 Specification 48240ET welded or brazed cylinders.\n(a) Type, spinning process, size and service pressure. A DOT 48240ET cylinder is a brazed type cylinder made from\nelectric resistance welded tubing. The maximum water capacity of this cylinder is 12 pounds or 333 cubic inches and the\nservice must be 240 psig. The maximum outside diameter of the shell must be five inches and maximum length of the shell\nis 21 inches.\n(o) Marking. Markings on each cylinder must be by stamping plainly and permanently on shoulder, top head, neck or valve\nprotection collar which is permanently attached to the cylinders and forming an integral part thereof, provided that cylinders\nnot less than 0.090 inch thick may be stamped on the side wall adjacent to top head.\nAnd,\n§ 180.205 General requirements for requalification of specification cylinders.\n(a) General. Each cylinder used for the transportation of hazardous materials must be an authorized packaging. To qualify\nas an authorized packaging, each cylinder must conform to this subpart, the applicable requirements specified in part 173\nof this subchapter, and the applicable requirements of subpart C of part 178 of this subchapter.\nAnd,\nDOT-SP 9837\n(SEVENTH REVISION)\nEXPIRATION DATE: November 30, 2009\n2. PURPOSE AND LIMITATIONS:\nc. No party to status will be granted to this special permit.\n7. SAFETY CONTROL MEASURES: Prescribed packaging is a DOT Specification 48 (' 178.50) cylinder having a service\npressure not exceeding 200 psig marked with a lot number instead of the serial number required in § 178.35 (f)(1 )(ii). The\nmarking of lot numbers is authorized, for lots of 500 cylinders or less, when the volumetric capacity does not exceed 170\ncubic inches.\n8. SPECIAL PROVISIONS:\na. In accordance with the provisions of Paragraph (b) of§ 173.22a, persons may use the packaging authorized by this\nspecial permit for the transportation of the hazardous materials specified in paragraph 6, only in conformance with the terms\nof this special permit.\nh. The marking requirement in§ 172.301(c) is waived.\n\n<<<PAGE 5>>>\n\nEXAMPLE; Cylinder markings and size are;\nApproximate 5 lb. size fire extinguisher.\nDOT-48195-1.1.1.-10-95 © 604033\nDOT -48195-1.1.1. -03-95©T 603051\nDimensions for both the above are approximately 4.25 in. outside diameter by 13.0 in long.\nAnd,\nApproximate 2% lb. size fire extinguisher.\nDOT 48240ET-AX-10-00 © 33 BAR 840256\nDOT 48240ET -111-8-85-824 7215M114\nDimensions for both the above are approximately 3.125 in. outside diameter by 12 in. long.\nNote; the \"©\" in the cylinder markings above represents a mark that appears to be a letter \"I\" inside a circle.\nDEDUCTION;\nDOT 48 specification cylinders;\nThe expired special permit would have allowed a variance for marking of the serial number and, the requirement for not\nmarking the special permit on the package. The special permit has expired and there is no party status. There isn't\ninformation within the regulations to specify that these cylinders are currently in compliance with DOT requirements.\nDOT 48240ET specification cylinders;\nCylinder is not marked with a service pressure following the specification as required.\nThe specification clearly states that \"the maximum outside diameter must be five inches'. This may or may not be a wording\noversight on the writer of this regulation and may need to be overhauled and corrected, but until such time the cylinder\nwould not be in compliance with DOT requirements. No special permit is available for size deviation.\nCONCLUSION and INTERPRETATION;\nCylinders previously mentioned are currently out of compliance with applicable DOT requirements as required in\n§180.205(a) and would no longer be able to pass the requalification process and used in transportation.\nCLARIFICATION and NOTIFICATION;\nThis issue affects the liability of a large number of individuals across a wide area of the US. Due to the entities involved with\ngoverning the use of these cylinders, I request assessment of the conclusion and interpretation mention above.\nWith an agreement to the above conclusion and interpretation, I would request a notification in the Federal Register to\nassist in notifying the large number of persons affected by this clarification.\nThank you,\nSincerely,\nDavid R. Sacca","truncated":false,"body_characters":11142}