{"operation":"document","citation":"12-0244","title":"Airgas SAFECOR — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-02-20","effective_on":null,"summary":"12-0244 response to Airgas SAFECOR concerning 180.209.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0244.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0244.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0244","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2012/120244.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\nFEB 2 0 2013\nMr. John Anderson\nAirgas SAFECOR\nP.O. Box 20067\nCheyenne, WY 82003\nReference No. 12-0244\nDear Mr. Anderson:\nThis is in response to your October 29, 2012 e-mail requesting clarification applicable to a\nprevious letter of interpretation dated June 5, 2006 pertaining to markings on cylinders\nunder the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nQ 1. In your e-mail, you ask if the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) can confirm the validity of a letter of interpretation (06-\n0093) that specifies that a cylinder owner may stamp a star on a cylinder after it has\nbeen manufactured.\nA 1. The letter of interpretation you cited (06-0093) is accurate. A cylinder owner may\nmark a star on the cylinder if it complies with the provisions of§ 180.209(b), and\nconsent of the testing agency that performed the most recent test is obtained.\nQ2. You also ask if the filler of the cylinder is not the owner, is the filler required to\nobtain and/or maintain any documentation that the cylinder qualifies for the star\nmarking.\nA2. The filler of the cylinder who is not the owner is not required to have documentation\nshowing that the cylinder qualifies for the star stamp. Rather, recordkeeping\nrequirements apply to the requalifier of the cylinder, who must retain records in\naccordance with§§ 180.209(a) and 180.215. However, there are additional\nprovisions that apply to the filler. If the filler of the cylinder with a star marking is\nnot the owner, the cylinder could only be filled with a hazardous material with the\nconsent of the cylinder owner as required by§ 173.30l(e). Additionally, a cylinder\ncannot be filled and offered in transportation unless it was requalified and marked as\nrequired by the HMR, as stated in§ 180.205(c). So although, there is no\n\n<<<PAGE 2>>>\n\ndocumentation or records requirement under the HMR in such a scenario for the\nfiller, if the filler of the cylinder is concerned about the validity of the star marking\non a cylinder, PHMSA recommends that the filler request documentation from the\ncylinder owner verifying that the cylinder qualifies for the star stamp in accordance\nwith § 180.209(b ).\nI hope this satisfies your request.\nSincerely,\nv /!// e> t\n.=~~ -~7€:ij;0.z:_\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n2\n\n<<<PAGE 3>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom:\nSent:\nTo:\nCc:\nSubject:\nAttachments:\nFoster, Glenn (PHMSA)\nWednesday, October 31, 2012 11:28 AM\nDrakeford, Carolyn (PHMSA)\nBetts, Charles (PHMSA); Billings, Delmer (PHMSA); Kelley, Shane (PHMSA); Pfund, Duane\n(PHMSA); Supko, Ben (PHMSA)\nFW: Airgas request for clarification regarding Letter of Interpretation 06-0093\nDOT Interpretation 06-0093.pdf\nCarolyn,\nPlease have this checked in as a formal request for a letter or interpretation.\nThanks,\nGlenn\nFrom: John Anderson (SAFECOR) [mailto:John.Anderson.SAFECOR@Airgas.com]\nSent: Monday, October 29, 2012 9:57PM\nTo: Foster, Glenn (PHMSA)\nSubject: Airgas request for clarification regarding Letter of Interpretation 06-0093\nGood evening,\nPer our recent conversations earlier in October, Airgas is requested further clarification regarding the above mentioned\nLetter of Interpretation.\nAs explained during our conversations we have a customer who is using this Letter of Interpretation as authorization to\nstamp a star on DOT rated cylinders they purchased from an off shore manufacturer. They are then sending the cylinders\nto 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\nof mfg.\nNow for the questions:\n• Does the DOT still stand behind this Letter of Interpretation allowing a cylinder owner to stamp a star on a cylinder\nafter it has been manufactured?\nj Is the filler of the cylinder (if different than the owner) required to obtain and/or maintain any proof from the cylinder\nowner that the cylinder qualifies for the star? If the answer is Yes what proof/documentation does the DOT\nrequire?\nThe practice of allowing someone other than the cylinder manufacturer or the cylinder requalifier to stamp a star on a\ncylinder is disturbing. As the filler of a very larger number of cylinders it is troubling to think that someone other than the\ncylinder manufacturer or cylinder requalifier could place a mark on a cylinder that would double its test cycle life.\nThank you for your response.\nJohn Anderson\nAirgas SAFECOR\nP.O. Box 20067\nCheyenne, WY 82003\nPhone 1-307-778-8809\nFax 1-307-778-7497\njohn.anderson@airgas.com\n1\n\n<<<PAGE 4>>>\n\nu.s. Department\nof Transportation\nPipeline and\nHazardous Materials Safety\nAdministration\nJUN 5 2006\nMr. Bill Korzeniewski\nAir Liquide\n318 Hampshire Lane\nCrystal Lake, 1L 60014\n400 Seven1h Street, S.W.\nWashington, D.C. 20590\nRef. No. 06-0093\nDear Mr. Korzeniewski:\nThis is in response to your April 6, 2006 letter requesting clarification regarding the\napplicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to\nmarking of cylinders. Your scenario is based on the marking of a cylinder with a star\nunder the provisions in § 180.209(b) when the star is used to indicate the cylinder has a\nrequalification period of ten years instead of five. Your questions are paraphra:>ed and\nanswered below.\nQl. Is the owner of a cylinder authorized to stamp a star on the cylinder, or is it only\nallowed to be done by the testing agency?\nAl. The cylinder owner may mark a star on the cylinder if it complies with the provisions\nin § 180.209(b ), and the consent of the testing agency that perfonned the most recent test\nis obtained.\nQ2. May an owner of a cylinder stamp a star on a cylinder that has been in service and\nthere is supporting documentation that the cylinder has met all the criteria of\n§ 180.209(b)(l)?\nA2. The answer is yes, if the cylinder has not been in service over five years. Also, see\nAl.\nI hope this information is helpful.\nHattie L. Mitchell, Chief\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards\nIf If 1111111 1111 I Ill\n060093","truncated":false,"body_characters":6207}