{"operation":"document","citation":"13-0224","title":"Linde North America, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-01-28","effective_on":null,"summary":"13-0224 response to Linde North America, Inc. concerning 173.301, 180.205.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0224.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0224.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0224","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130224.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\nMr. Guy Dalton\nFleet Compliance and Safety Manager\nLinde North America, Inc.\n130 Briar Hill\nPainesville, OH 44077\nReference No.: 13-0224\nDear Mr. Dalton:\nThis is in response to your November 15,2013 letter and conversation with a member of my\nstaff requesting clarification of the requirements for the use and requalification of Transport\nCanada (TC) specification cylinders under the Hazardous Materials Regulations (HMR; 49\nCFR Parts 171-180). Your questions are paraphrased and answered as follows.\nQ 1. May a cylinder stamped \"DOT\" and \"TC\" and requalified by a Transport Canada retest\nfacility within the last 5 years be filled and transported in the United States?\nAl. A United States-based facility is permitted to fill and transport a cylinder marked as\nmeeting a TC specification provided the cylinder conforms to and is also marked with a\ncorresponding DOT specification. However, the cylinder must be requalified and marked as\nprescribed in Subpart C ofpart 180. (see§ 173.301(a)(1)).\nQ2. Are there restrictions on the use of a cylinder stamped \"DOT\" and \"TC\" based on the\ndate of manufacture that would impact the use of these cylinders or cross border shipments?\nA2. No, provided the cylinder that is stamped \"TC\" conforms to and is also stamped with a\ncorresponding \"DOT\" specification.\nQ3. May a DOT specification cylinder that is requalified by an authorized TC retest facility\nwithin the last 5 years be filled and transported in the United States?\nA3. An authorized TC retest facility may only requalify a DOT specification cylinder if the\nfacility is also approved to requalifiy DOT specification cylinders in accordance with\n§ 180.205.\nI hope this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\nDuane Pfund\nInternational Standards Coordinator\nStandards and Rulemaking Division\n----\n~------~~~-·---·······-·· ·-~~--·---·--·--·--~··-----·--·---~- ----·\n\n<<<PAGE 2>>>\n\nLinde North America, Inc.\n130 Briar Hill\nPainesville, Ohio 4077\n440-251-0303\nguy.dalton@linde.com\nU.S. DOT\nPHMSA Office of Hazardous Materials Standards\nAttn: PHH-10\nEast Building\n1200 New Jersey Avenue, SE.\nWashington, DC 20590-0001\nWritten Interpretation Request\nDear Sir or Madam,\nI am requesting a written interpretation of the cylinder use and retest requirements as stated in\n49CFR171.12, specifically:\n1. May a cylinder that is stamped DOT/TC and requalified by a Transport Canada certified retest\nfacility within the preceding 5 years be filled, transported and used in the United States?\n2. Are there any restrictions on the use of DOT/TC cylinders based on date of manufacture that\nwould impact the use of these cylinders or crossborder shipments?\n3. May a DOT specification cylinder that is requalified by an authorized Transport Canada\ncertified retest facility within the preceding five year be filled, transported and used in the\nUnited states or must the cylinder be requalifed by a US authorized retest facility in accordance\nwith 180.205?\nIf further clarification of the questions is needed, please contact me by phone at 440-251-\n0303 or by e-mail at g_yy.d~;altpn@Um;te_._~QD1·\nRegards,\nGuy Dalton\nFleet Compliance and Safety Manager\nLinde North America, Inc","truncated":false,"body_characters":3382}