{"operation":"document","citation":"12-0118","title":"RemTec International — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-08-15","effective_on":null,"summary":"12-0118 response to RemTec International concerning 171.23, 171.25.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0118.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0118.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0118","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120118.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\nMs. Patricia Burns\nRemTec International\n1 00 Haskins Road\nBowling Green, OH 43402\nAUG 1 5 2012\nRef. No.: 12-0118\nDear Ms. Burns:\nThis is in response to your letter requesting clarification of requirements in the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transport of non-\nDOT specification cylinders filled with a compressed gas and transported in a port area.\nSpecifically you ask if you can receive bromotrifluoromethane in non-DOT specification\ncylinders and subsequently transport the cylinders and transfer the bromotrifluoromethane to\na DOT specification cylinder prior to leaving the port area in accordance with the provisions\nof§ 171.25(d).\nThe answer is no, § 171.25( d) does not apply to the activities you describe, as it only\nauthorizes the transportation of non-DOT specification cylinders, not the discharge of their\ncontents. Conversely,§ 171.23(a)(3) applies to transportation of imported cylinders for\ndischarge within a single port area. In accordance with§ 171.23(a)(3), imported non-DOT\nspecification cylinders may be transported within a single port area and discharged if: (1) the\nAssociate Administrator grants an approval for this activity; (2) the cylinders are certified as\nconforming with the transportation regulations of another country; (3) they are transported\nwithin a closed freight container; ( 4) the importer certifies that they provide an equivalent\nlevel of safety as comparable DOT specification cylinders; and (5) the cylinders are not\nrefilled for export except in compliance with § 171.23(a)( 4).\nAn application for an approval should contain a description of what is requested, operational\nand quality controls, packaging authorizations, and any other documentation sufficient to\nsupport the application. You may review complete requirements regarding approvals in\n§§ 107.701-107.717.\nI hope this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\n/~!)~\nRobert Benedict\nChief, Standards Development\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nAssociate Administrator for Hazardous Materials Safety\nU.S. Department of Transportation\nWashington D.C. 20590-0001\n713-272-2821 fax\nSubject: Request for clarification for shipment of non-DOT cylinders\nAttention Mr. Shawn Daniels, Mr. Duane Cassidy and Mr. Raymond LaMagdelaine\nIn August 2000, RemTec International received a letter from the US DOT Chief of Special\nInvestigations, Office of Hazardous Materials Enforcement (Attachment #1) that addressed the\nquestion of the legality of receiving Bromotrlfluoromethane (Halon 1301) in non-DOT\nspecification cylinders, and subsequently transfer the Bromotrifluoromethane to DOT\nspecification cylinders prior to leaving the port area. The following is from that letter: \"The\nanswer to your question is yes. Title 49 Code of Federal Regulations 171.12 c states (see\nattachment) and condudes ...... \"Thus if the Bromotrifluoromethane is packaged in cylinders\nwhich meet the requirements of the country of origin, all you will need to transport them to the\nwarehouse with the port area is the shipping paper and placards for the transport vehicle.\"\nUsing this letter as authority, RemTec International has imported non-DOT cylinders and\ntransferred material at the port area into DOT cylinders.\nIn May, 2012 a shipment of non-DOT cylinders of Halon 1301 from Norway to the Port of\nNorfolk was questioned by the U. S. Coast Guard and Rem Tee was asked to present an approval\ndocument from DOT for this shipment. When presenting the letter attached we were informed\nthat CFR49 171.12 c clause in no longer part of the regulation. However we believe an approval\nis still not required because our shipment meets the requirements of this section that replaces\n171.12 c:\nCFR 49171 subpart C Section 171.25 d\n(d) Use of IMDG Code in port areas. {1) Except for Division 1.1, 1.2, and Class 7 materials, a hazardous\nmaterial being imported into or exported from the United States or passing through the United States in\nthe course of being shipped between locations outside the United States may be offered and accepted for\ntransportation and transported by motor vehicle within a single port area, including contiguous harbors/\nwhen packaged, marked, classed, labeled, stowed and segregated in accordance with the IMDG Code/\n~~,.,\nRemTec International, 100 Haskins Road, Bowling Green, OH 43402, USA 419-867-8990\nPage 1\n\n<<<PAGE 3>>>\n\noffered and accepted in accordance with the requirements of subparts C (shipping papers) and F\n{placarding) of part 172 of this subchapter pertaining to shipping papers and placarding, and otherwise\nconforms to the applicable requirements of part 176 of this subchapter.\nWe request a clarification and an updated letter citing 49 CFR 171.25d clause permits the same\nactivity as the old clause ( CFR49 171.12 c) under the same conditions because according to the\nCoast Guard's May 2012 report from Mr. Duane Cassidy, Chief, Pressure Vessel Division, 202-\n366-4511 the following clause is applicable:\nCFR 49 171.23(a) (3)\n(3) fmportation of cylinders for discharge within a single port area: A cylinder manufactured to other\nthan a DOT specification or UN standard in accordance with part 178 of this subchapter and certified as\nbejng in conformance with the transportation regulations of another country may be authorized, upon\nwritten request to and approval by the Associate Administrator, for transportation within a single port\narea, provided--\n(i) The cylinder is transported in a closed freight container;\n{ii) The cylinder is certified by the importer to provide a level of safety at feast equivalent to that\nrequired by the regulations in this subchapter for a comparable DOT specification or UN cylinder; and\n(iii) The cylinder is not refilled for export unless in complfance with paragraph (a){4) of this section.\nTherefore we respectfully request clarification on this as these full non dot cylinders do not\nleave the port area and are not transported over DOT public roads and therefore we believe\n49 CFR 171.23 (a)(3) should not apply and therefore no advance approval is required.\nPlease contact me for any additional information that you may require.\nSincerely,\nRemTec International\nPatricia. burns@remtec. net\nSupporting Documents\nUS DOT Letter of August 15th, 2000\n-\nRemTec International, 100 Haskins Road, Bowling Green, OH 43402, USA 419-867~8990\nPage 2","truncated":false,"body_characters":6586}