{"operation":"document","citation":"13-0164","title":"Mr. Cesar Enrico — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-01-15","effective_on":null,"summary":"13-0164 concerning 173.301, 173.302, 180.209.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0164.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0164.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0164","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130164.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\nJA~ 1 5 2014\n.I\nMr. Cesar Emico\nQuality Manager\nLAN Peru\nRef. No.: 13-0164\nDear Mr. Emico:\nThis is in response to your email dated August 9, 2013, requesting clarification ofthe\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the filling\nand requalification of DOT specification cylinders. Your questions are paraphrased and\nanswered as follows:\nQ 1. Are DOT cylinders required to be requalified each time a cylinder is removed from an\naircraft?\nAI. Each cylinder bearing a DOT specification marking must be requalified in accordance\nwith the appropriate period specified in the requalification table in § 180.209(a). A cylinder\nmust be tested and inspected, without regard to any other periodic requalification\nrequirements, prior to further use if: (1) The cylinder shows evidence of dents, corrosion,\ncracked or abraded areas, leakage, thermal damage, or any other condition that might render\nit unsafe for use in transportation; (2) The cylinder has been in an accident and has been\ndamaged to an extent that may adversely affect its lading retention capability; (3) The\ncylinder shows evidence of or is known to have been over-heated; or ( 4) The Associate\nAdministrator determines that the cylinder may be in an unsafe condition(§ 180.205(d)).\nQ2. Is a DOT authorized person required to refill an oxygen cylinder each time it is\nremoved from the aircraft?\nA2. Partially filled cylinders may continue to be transported. The filling or re-filling of a\nDOT marked cylinder with oxygen must follow the requirements of§§ 173.301 and\nI 73.302.\nQ3. Are cylinders required to be requalified only if the specified service life has expired or\nit is past its requalification date?\nA3. A cylinder with a specified service life may not be refilled and offered for\ntransportation after its authorized service life has expired. A cylinder past its requalification\ndate may not be refilled and offered for transportation until it is requalified. A cylinder\n\n<<<PAGE 2>>>\n\nmust be requalified prior to further use without regard for the requalification period if the\ncylinder meets one or more ofthe conditions in§ 180.205(d), (see Al.).\nI hope this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\n-D~>{,~-~\nDuane Pfund\nInternational Standards Coordinator\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nDrakeford, Carolyn (PHMSA) § r-go I 4 aq\n~~fh~5(cJ\nFrom:\nSent:\nTo:\nSubject:\nIN~OCNTR (PHMSA) fl11/1 ndeJCS\nFnday, August 09, 2013 3:42PM J / /).. /) J /,.. ~ J\nDrakeford, Carolyn (PHMSA) .:/ - !f1 7\nFW: REQUEST FOR A FORMAL INTERPRETATION LETTER: Aviator Oxygen Cylinder\nRequalification as per 49 CFR's § 180.205(c) and§ 180.209\nImportance:\nHigh\nHi Carolyn,\nThis caller requested we submit this e-mail as a formal letter of interpretation.\nThanks,\nVictoria\nFrom: Enrico, Cesar (MANITO LP) [mailto:cesar.enrico@lan.com]\nSent: Friday, August 09, 2013 1:55PM\nTo: INFOCNTR (PHMSA)\nSubject: REQUEST FOR A FORMAL INTERPRETATION LEITER: Aviator Oxygen Cylinder Requalification as per 49 CFR 's §\n180.205(c) and§ 180.209\nImportance: High\nOffice of Hazardous Materials Standards, Pipeline and Hazardous Materials Safety Administration\nAttn: PHH-10\nU.S. Department of Transportation\nEast Building, 1200 New Jersey Avenue, SE\nWashington, DC 20590-0001\nSubject: Request for a Formal Interpretation Letter related to of 49 CFR's § 180.205(c) and§ 180.209:\nDear Sir I Ma'am,\nLAN Peru is a Peruvian airliner certified as a 121 passenger, cargo & mail air operator, with its main base located in Lima,\nPeru. LAN Peru is part of the recently formed LA TAM Airlines Group. Our maintenance facility is certified as an aircraft\nrepair station by local and regional civil aviation authorities (CAA's), as well as the Federal Aviation Administration\n(FAA). As part of our services, we provide aviator's oxygen refilling to cylinders removed from non-US registered\naircraft. An oxygen cylinder approved by the aircraft manufacturer is considered an aircraft part while installed in an\naircraft, and is regulated under the maintenance requirements of Chapter 14 CFR appropriate to the type of aircraft and\ntype of operation. These cylinders used in aviation are certified under DOT and are used exclusively to provide certified\naviator's oxygen to flight crew. Due to safety considerations, oxygen servicing in large aircrafts is no longer applicable and\nhas been removed from the applicable Aircraft Maintenance Manual (AMM). When oxygen cylinders are below its\nminimum operational pressure level, they are removed from the aircraft and serviced in our Oxygen Shop. This shop\nserves one purpose only, which is to service oxygen cylinders removed from an aircraft with aviator's oxygen. Once each\nhigh-pressure cylinder is removed from an aircraft, its continued serviceability requirement falls under Chapter 29 CFR\nand 49 CFR, not 14 CFR.\nDuring our last visit to the FAA requesting information to obtain approval to service US-registered aircraft, we were\ninformed that cylinder requalification provisions were required under the Hazardous Materials Regulations (HMR; 49 CFR\nParts 171-180). Specifically, based on the information received, we understood that all cylinders must be requalified\nbefore refilling. This requalification requires to be performed by an authorized person who holds a current approval\nissued under the procedural requirements prescribed in subpart I of part 107 of Chapter 49 CFR.\n1\n\n<<<PAGE 4>>>\n\nThe interpretation above was given based in§ 180.205(c) of the HMR, which states that: \"a cylinder may be requalified at\nany time before or during the month and year the requalification is due. A cylinder filled before the requalification\nbecomes due may remain in service until it is emptied. A cylinder with a specified service life or past its requalification\ndate may not be refilled and offered for transportation after its authorized service life has expired or, it is requalified,\nrespectively.\"\nBased on the above, we would like a formal interpretation letter regarding the following questions [related to of§\n180.205(c) and§ 180.209]:\n1/ Is a requalification required every time a oxygen cylinder is removed empty or partially filled with oxygen from an\naircraft to be serviced (i.e. refilled) with aviator's oxygen (considering that the hydrostatic test nor the requalification is\ndue)?\n2/ Is a DOT authorized person required to service (i.e. refill) an aviator's oxygen cylinder every time it is removed from an\naircraft?\n3/ Is it only required to requalify an oxygen cylinder before servicing (i.e. refilling) by a DOT approved person if its\nspecified service life has expired or it is past its requalification date?\nHoping to hear from you soon,\nBest regards,\nCesar Enrico\nQuality Manager\nLAN Peru\nEmail: cesar.enrico@lan.com\nPhone: (51-1) 213-8300, ext. 73016\nCel.: (51) 99358-8530\n2","truncated":false,"body_characters":7037}