{"operation":"document","citation":"14-0054","title":"MAET Vacuum Lab-Honeywell International — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-08-04","effective_on":null,"summary":"14-0054 response to MAET Vacuum Lab-Honeywell International concerning 180.209.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0054.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0054.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0054","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2014/140054.pdf","body":"<<<PAGE 1>>>\n\nof Transportatior\nJ.S. Departmen\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMaterials Safet\nPipeline and Hazardou\nAdministration\nAUG 0 4 2014\nMr. Kenneth Lillemo\nMAET Vacuum Lab\nHoneywell International\n2600 Ridgway Parkway, MN17-1626\nMinneapolis, MN 55413\nRef. No. 14-0054\nDear Mr. Lillemo:\nThis responds to your March 13, 2014 email requesting clarification of the requalification\nmarking requirements of a cylinder under the Hazardous Materials Regulations (HMR; 49\nCFR Parts 171-180). In your letter, you indicate that you will be obtaining DOT\nspecification 3A cylinders that will be used in dedicated helium service. You would like to\nobtain these new cylinders stamped with a five-pointed star (*\") (as instructed in\n§ 180.209(b)(1)(vi)), which would allow the requalification period to be extended from five\nyears to ten years, but you are uncertain of the correct timing of the application of this\nmarking under the conditions of § 180.209(b)(1). Specifically, you request clarification as\nto whether a cylinder may be marked with the five-pointed star (\"*\") at the time of\nmanufacture rather than at the time of requalification.\nThe answer is yes. It is not the intent of the regulations to apply the conditions of\n§ 180.209(b)(1) (e.g., the five-pointed star marking) only at the time of requalification but\nrather at any time all the conditions required for this stamp are met. If it is known that a\ncylinder will be used exclusively for the gases identified in § 180.209(b)(1)(ii), and it meets\nthe other conditions of § 180.209(b)(1), then the cylinder must be marked (i.e., stamped)\nwith a five-pointed star (\"*\") located immediately after the test date in order to\ncommunicate that the cylinder is allowed to be requalified at 10-year intervals. The\ndetermination of the requalification period of the cylinder is not limited to only those times\nwhen the cylinder must be requalified but rather anytime use changes. This is illustrated by\n§ 180.209(b)(2) in that a cylinder previously not used exclusively for gases identified in\n§ 180.209(b)(1)(ii) but now conforming to all of § 180.209(b)(1), may have the\nrequalification period extended to ten years (under certain retest and examination\nconditions) and thus, must be stamped with the five-pointed star (\"*\") to communicate the\nlonger requalification period. As such, the stamp may be applied at the time of manufacture\nif the cylinder conforms to all of § 180.209(b)(1). The key factor in applying the five-\npointed star ('*\") mark is the exclusive use of the cylinder and not whether the cylinder is\nup for requalification to make the determination. Thus, the stamping of the cylinder may\noccur at any time, including at the time of manufacture.\n\n<<<PAGE 2>>>\n\nAdditionally, it should be noted that a cylinder that is star-marked at the time of\nmanufacture (or any time thereafter) in accordance with § 180.209(b)(1) does not mean the\ncylinder may always be requalified at 10-year intervals for any compressed gas service from\nthat point forward. For example, if the cylinder changes service and is used for gases, and\nmixtures of those gases, authorized for transport in a 3A cylinder but not identified in\n8 180.209(0)(1)(11), then the cylinder may no longer be requalified every ten years and must\nbe requalified five years from the last marked test date, or prior to filling, if the required\ntive-year interval has passed. The five-pointed star (\"*\") would thus have to be obliterated\n(see § 180.209(b)(3)). The same would apply if the cylinder did not meet any of the other\nconditions outlined in § 180.209(b)(1) (e.g., the cylinder is used for underwater breathing).\nI hope this information is helpful. If you have further questions, please contact this office.\nSincerely,\nThat Jero\nDirk Der Kinderen\nActing Chief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nDer Kinderen\n$180.209\nDrakeford, Carolyn (PHMSA)\nCylinders\nSent:\nFrom:\nINFOCNTR (PHMSA)\nTo:\nFriday, March 14, 2014 3:47 PM\nSubject:\nDrakeford, Carolyn (PHMSA)\n14-0054\nFW: Request formal letter clarifying regulation intent\nHi Carolyn,\nThis caller requested we submit this e-mail as a formal letter of interpretation.\nThanks,\nVictoria\n----Original Message--..\nFrom: Lillemo, Ken (ETS-Elec) [mailto:kenneth.lillemo@honeywell.com]\nSent: Thursday, March 13, 20145:54 PM\nTo: INFOCNTR (PHMSA)\nSubject: Request formal letter clarifying regulation intent\nRegarding CFR-49 part 180.209\nThis is a request for a formal interpretation clarifying a star rating may be applied at an initial hydrostatic test if\nconditions detailed in 180.209 are met. We ask that this be worded in a generally applicable way to allow us freedom to\nclarify this interpretation for any supplier from which we procure cylinders.\nReasoning:\nThere is no technical reason to not follow 180.209(b) as best practice at an initial hydrostatic test. This would\nallow a cylinder to have a star rating applied at manufacture.\nfavorable interpretation.\n180.209(b)(3) re-identifies cylinders if a gas fill does not meet (b)(1)(ii) precluding any new hazard from this\nQuestion:\nCan a cylinder manufacturer follow 180.209 at the initial hydrostatic test and add the star designation?\nCircumstance:\nWe are procuring custom 3A stainless steel cylinders with a 1000cc internal volume to our specification.\nOur service is as described in 180.209(b)(ii) (helium service).\nFor our application, the cylinders are retired from use at the first required hydrostatic test date.\nIt is our desire to have 10 years of total service.\nWe want to procure these cylinders as new built with a star rating to avoid a largely redundant back-to-back hydrostatic\ntest just to obtain a star rating.\nThank You,\nKenneth Lillemo\nMAET Vacuum Lab\nHoneywell International\n(612) 951-5788\nMN17-1626\n2600 Ridgway Parkway\nMinneapolis, MN 55413\n1","truncated":false,"body_characters":5854}