Airgas SAFECOR — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 FEB 2 0 2013 Mr. John Anderson Airgas SAFECOR P.O. Box 20067 Cheyenne, WY 82003 Reference No. 12-0244 Dear Mr. Anderson: This is in response to your October 29, 2012 e-mail requesting clarification applicable to a previous letter of interpretation dated June 5, 2006 pertaining to markings on cylinders under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Q 1. In your e-mail, you ask if the Pipeline and Hazardous Materials Safety Administration (PHMSA) can confirm the validity of a letter of interpretation (06- 0093) that specifies that a cylinder owner may stamp a star on a cylinder after it has been manufactured. A 1. The letter of interpretation you cited (06-0093) is accurate. A cylinder owner may mark a star on the cylinder if it complies with the provisions of§ 180.209(b), and consent of the testing agency that performed the most recent test is obtained. Q2. You also ask if the filler of the cylinder is not the owner, is the filler required to obtain and/or maintain any documentation that the cylinder qualifies for the star marking. A2. The filler of the cylinder who is not the owner is not required to have documentation showing that the cylinder qualifies for the star stamp. Rather, recordkeeping requirements apply to the requalifier of the cylinder, who must retain records in accordance with§§ 180.209(a) and 180.215. However, there are additional provisions that apply to the filler. If the filler of the cylinder with a star marking is not the owner, the cylinder could only be filled with a hazardous material with the consent of the cylinder owner as required by§ 173.30l(e). Additionally, a cylinder cannot be filled and offered in transportation unless it was requalified and marked as required by the HMR, as stated in§ 180.205(c). So although, there is no#

Page 2documentation or records requirement under the HMR in such a scenario for the filler, if the filler of the cylinder is concerned about the validity of the star marking on a cylinder, PHMSA recommends that the filler request documentation from the cylinder owner verifying that the cylinder qualifies for the star stamp in accordance with § 180.209(b ). I hope this satisfies your request. Sincerely, v /!// e> t .=~~ -~7€:ij;0.z:_ T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division 2#

Page 3Drakeford, Carolyn (PHMSA) From: Sent: To: Cc: Subject: Attachments: Foster, Glenn (PHMSA) Wednesday, October 31, 2012 11:28 AM Drakeford, Carolyn (PHMSA) Betts, Charles (PHMSA); Billings, Delmer (PHMSA); Kelley, Shane (PHMSA); Pfund, Duane (PHMSA); Supko, Ben (PHMSA) FW: Airgas request for clarification regarding Letter of Interpretation 06-0093 DOT Interpretation 06-0093.pdf Carolyn, Please have this checked in as a formal request for a letter or interpretation. Thanks, Glenn From: John Anderson (SAFECOR) [mailto:John.Anderson.SAFECOR@Airgas.com] Sent: Monday, October 29, 2012 9:57PM To: Foster, Glenn (PHMSA) Subject: Airgas request for clarification regarding Letter of Interpretation 06-0093 Good evening, Per our recent conversations earlier in October, Airgas is requested further clarification regarding the above mentioned Letter of Interpretation. As explained during our conversations we have a customer who is using this Letter of Interpretation as authorization to stamp a star on DOT rated cylinders they purchased from an off shore manufacturer. They are then sending the cylinders to us for fill. It is clear that the star stamp does not match the original markings on the cylinder/was not stamped at the time of mfg. Now for the questions: • Does the DOT still stand behind this Letter of Interpretation allowing a cylinder owner to stamp a star on a cylinder after it has been manufactured? j Is the filler of the cylinder (if different than the owner) required to obtain and/or maintain any proof from the cylinder owner that the cylinder qualifies for the star? If the answer is Yes what proof/documentation does the DOT require? The practice of allowing someone other than the cylinder manufacturer or the cylinder requalifier to stamp a star on a cylinder is disturbing. As the filler of a very larger number of cylinders it is troubling to think that someone other than the cylinder manufacturer or cylinder requalifier could place a mark on a cylinder that would double its test cycle life. Thank you for your response. John Anderson Airgas SAFECOR P.O. Box 20067 Cheyenne, WY 82003 Phone 1-307-778-8809 Fax 1-307-778-7497 john.anderson@airgas.com 1#

Page 4u.s. Department of Transportation Pipeline and Hazardous Materials Safety Administration JUN 5 2006 Mr. Bill Korzeniewski Air Liquide 318 Hampshire Lane Crystal Lake, 1L 60014 400 Seven1h Street, S.W. Washington, D.C. 20590 Ref. No. 06-0093 Dear Mr. Korzeniewski: This is in response to your April 6, 2006 letter requesting clarification regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to marking of cylinders. Your scenario is based on the marking of a cylinder with a star under the provisions in § 180.209(b) when the star is used to indicate the cylinder has a requalification period of ten years instead of five. Your questions are paraphra:>ed and answered below. Ql. Is the owner of a cylinder authorized to stamp a star on the cylinder, or is it only allowed to be done by the testing agency? Al. The cylinder owner may mark a star on the cylinder if it complies with the provisions in § 180.209(b ), and the consent of the testing agency that perfonned the most recent test is obtained. Q2. May an owner of a cylinder stamp a star on a cylinder that has been in service and there is supporting documentation that the cylinder has met all the criteria of § 180.209(b)(l)? A2. The answer is yes, if the cylinder has not been in service over five years. Also, see Al. I hope this information is helpful. Hattie L. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards If If 1111111 1111 I Ill 060093#