Linde North America, Inc. — 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 Mr. Guy Dalton Fleet Compliance and Safety Manager Linde North America, Inc. 130 Briar Hill Painesville, OH 44077 Reference No.: 13-0224 Dear Mr. Dalton: This is in response to your November 15,2013 letter and conversation with a member of my staff requesting clarification of the requirements for the use and requalification of Transport Canada (TC) specification cylinders under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your questions are paraphrased and answered as follows. Q 1. May a cylinder stamped "DOT" and "TC" and requalified by a Transport Canada retest facility within the last 5 years be filled and transported in the United States? Al. A United States-based facility is permitted to fill and transport a cylinder marked as meeting a TC specification provided the cylinder conforms to and is also marked with a corresponding DOT specification. However, the cylinder must be requalified and marked as prescribed in Subpart C ofpart 180. (see§ 173.301(a)(1)). Q2. Are there restrictions on the use of a cylinder stamped "DOT" and "TC" based on the date of manufacture that would impact the use of these cylinders or cross border shipments? A2. No, provided the cylinder that is stamped "TC" conforms to and is also stamped with a corresponding "DOT" specification. Q3. May a DOT specification cylinder that is requalified by an authorized TC retest facility within the last 5 years be filled and transported in the United States? A3. An authorized TC retest facility may only requalify a DOT specification cylinder if the facility is also approved to requalifiy DOT specification cylinders in accordance with § 180.205. I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, Duane Pfund International Standards Coordinator Standards and Rulemaking Division ---- ~------~~~-·---·······-·· ·-~~--·---·--·--·--~··-----·--·---~- ----·#

Page 2Linde North America, Inc. 130 Briar Hill Painesville, Ohio 4077 440-251-0303 guy.dalton@linde.com U.S. DOT PHMSA Office of Hazardous Materials Standards Attn: PHH-10 East Building 1200 New Jersey Avenue, SE. Washington, DC 20590-0001 Written Interpretation Request Dear Sir or Madam, I am requesting a written interpretation of the cylinder use and retest requirements as stated in 49CFR171.12, specifically: 1. May a cylinder that is stamped DOT/TC and requalified by a Transport Canada certified retest facility within the preceding 5 years be filled, transported and used in the United States? 2. Are there any restrictions on the use of DOT/TC cylinders based on date of manufacture that would impact the use of these cylinders or crossborder shipments? 3. May a DOT specification cylinder that is requalified by an authorized Transport Canada certified retest facility within the preceding five year be filled, transported and used in the United states or must the cylinder be requalifed by a US authorized retest facility in accordance with 180.205? If further clarification of the questions is needed, please contact me by phone at 440-251- 0303 or by e-mail at g_yy.d~;altpn@Um;te_._~QD1· Regards, Guy Dalton Fleet Compliance and Safety Manager Linde North America, Inc#