{"operation":"document","citation":"13-0191","title":"Garland Welding Supply — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-01-09","effective_on":null,"summary":"13-0191 response to Garland Welding Supply concerning 171.2, 172.400, 172.401.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0191.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0191.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0191","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130191.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\nJAN 0 9 2014\nMr. Andrew Simmons\nGarland Welding Supply\n1960 Forest Lane\nGarland, TX 75042\nRef. No. 13-0191\nDear Mr. Simmons:\nThis responds to your September 24, 2013 request for clarification on labeling of cylinders\nunder the Hazardous Materials Regulations (HMR: 49 CPR Parts 171-180). Specifically, you\nask who is authorized, your drivers or the shipper, to affix a label to the cylinder if the gas in\nthe cylinder is unknown, and the appropriate label is either missing or destroyed.\nSection 172.401 requires packages be properly labeled and that the labels accurately reflect\nthe hazardous materials contained in the cylinder. In accordance with§ 171.2(e), an offeror\nmay not offer and a carrier may not accept any hazardous material for transportation that is\nnot properly prepared for shipment, which includes proper labeling. Generally, a hazard\nwarning label must be printed on or affixed to a surface (other than the bottom) of the\npackage. As prescribed in§ 172.400a(a)(1) of the HMR, a hazard warning label is not\nrequired on a cylinder containing a Division 2.1, 2.2 or 2.3 material that is not overpacked and\ndurably and legibly marked in accordance with CGA Pamphlet C-7, Appendix A.\nThe shipper is responsible for properly identifying the material and preparing it for shipment.\nHowever, both the offeror and carrier bear responsibility for ensuring the cylinders containing\nhazardous materials are properly prepared for transportation. In accordance with § 171.2( e),\nthe customer or offeror must ensure the cylinder is properly described, marked, and labeled\nfor transportation, and, the carrier must not accept the cylinder unless it is properly described,\nmarked, and labeled for transportation.\nI hope this answers your inquiry. If you need additional assistance, please contact this office\nat 202-366-8553.\nSincerely,\nRobert Benedict\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nprakeford, Carolyn (PHMSA)\nFrom: INFOCNTR (PHMSA)\nSent:\nTo:\nSubject: Wednesday, September 25, 2013 1:36PM\nDrakeford, Carolyn (PHMSA)\nFW: Hazmat Safety Feedback: Other\nHi Carolyn,\nThis caller requested we submit this e-mail as a formal letter of interpretation.\nThanks,\nVictoria\n-----Original Message-----\nFrom: PHMSA Webmaster\nSent: Tuesday, September 24, 2013 5:09 PM\nTo: HMIS (PHMSA); PHMSA Webmaster\nSubject: Hazmat Safety Feedback: Other\nWe need a formal written clarification concerning 172.406 and 172.400(a). Specifically, the transport of cylinders of\ncompressed gas labeling. Specifically, if a cylinder of compressed gas is picked up at a customers location and is torn or\nmissing, who is legally allowed to affix a label marking the contents of the cylinder if it is not known what gas was/is in the\ncylinder? CGA, Compressed Gas Association, requires all compressed gas cylinders to be inspected before they can have a\nnew label affixed to the cylinder. How do we circumvent this issue to be able to adhere to DOT regulations to be able to\nnot be fined if a cylinder is missing a label or torn when retrieved from a customers location to bring in to be certified and\nfilled? From our understanding of the laws and our own liability, it is not allowed to have the drivers affix a label naming\nthe contents of a compressed gas cylinder if a label is missing or torn due to not knowing what really is in the cylinder in\norder to prevent a dangerous incident. We keep labels under lock and key as required. However, one can not force a\ncustomer to keep a cylinder in perfect condition nor from even painting a cylinder. Yet, DOT wants us to have labels in all\ntrucks to basically just slap a label on a cylinder to be in compliance with their rules and laws no matter if it is the right\nmarkings or not. How can this be fixed? Or corrected? What is the interpretation in detal of the codes mentioned earlier\npertaining to bringind cylinders of compressed gas back in to be filled if they are missing part of or all of a label?\nName: Andrew Simmons\nOrganization: Garland Welding Supply\nEmail: gwsco@verizon.net\nPhone: 972-487-8000\nFAX: 972-276-2025\n1","truncated":false,"body_characters":4251}