{"operation":"document","citation":"14-0139","title":"Linde Gas North — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-11-21","effective_on":null,"summary":"14-0139 response to Linde Gas North concerning 171.23, 173.29.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0139.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0139.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0139","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2014/140139.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMaterials Safety\nPipeline and Hazardous\nAdministration\nNOV 2 1 2014\nMr. Guy Dalton\nHead of Transport Compliance/Safety\nLinde Gas North America LLC\n130 Briar Hill\nPainesville, OH 44077\nRef. No. 14-0139\nDear Mr. Dalton:\nThis is in response to your July 15, 2014 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the requirements for\ntransporting foreign cylinders for export under § 171.23(a)(4). Your questions are\nparaphrased and answered as follows:\nQ1. If a foreign manufactured cylinder was initially shipped for export from the United\nStates under the conditions of § 171.23(a)(4), may the cylinder containing a residual\ngas be returned to the facility where it was previously filled in the United States for\nthe purpose of refilling the cylinder?\nA1. The answer is no. Section 171.23(a)(4) allows transportation of a cylinder not\nmanufactured, inspected, tested, and marked in accordance with part 178 of the HMR,\nor a cylinder manufactured to other than a UN standard, DOT specification, or special\npermit to be filled with a gas in the United States and transported for export or for use\non board a vessel under certain conditions. The shipment you describe contains the\nresidue of a hazardous material and is not being transported solely for export or use on\na vessel. Therefore, it does not meet the requirements of § 171.23(a)(4) and must\nconform to the requirements of\n§ 171.23(a)(2) to be shipped within the\nUnited States. However, if the foreign made cylinder meets the provisions of §\n173.29(b) as an empty packaging, then the cylinder no longer contains a hazardous\nmaterial and is not subject to any other requirements of the HMR.\nQ2.\nMay the same foreign manufactured cylinders containing a residual gas be transported\nfrom one fill plant to another as long as no modification to the cylinder or product are\nmade under § 171.23(a)(4)?\n\n<<<PAGE 2>>>\n\nThe answer is no. Transportation between facilities over public roads for the purposes\nof filling the cylinder is not considered export or use on a vessel. Therefore, the\ncylinders must either be approved in accordance with the HMR or meet the provisions\nof § 173.29(b) as an empty packaging.\nI hope this satisfies your request.\nSincerely,\npos\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nLehmar\n71.23 (ax4)\nCylinde\nTHE LINDE GROUP\n14-013 Linde\n130 Briar Hill\nPainesville, Ohio 44077\nJuly 15, 2014\n440-354-5614\n440-579-0203\nguy.dalton@linde.com\nOffice of Hazardous Materials Standards\nPipeline and Hazardous Materials Safety Administration, Attn: PHH-10\nU.S. Department of Transportation, East Building\n1200 New Jersey Avenue, SE.\nWashington, DC 20590-0001.\nRequest for Interpretation\nDear Sir or Madame,\nLinde Gas North America LLC (Linde) is requesting interpretation and guidance regarding the transport of foreign\ncylinders tested to US standards.\nBackground\nLinde exports various gases in foreign manufactured cylinders. The cylinders are requalified and marked as required in\n49CFR171.23(a)(4). Once the cylinder contents are used, the cylinders may be returned to the US for refilling. The\ncylinders being returned are still within the 5 year required requalification period. No changes have been made to the\ncylinder after the filling at a Linde fill plant. Product is used and then the cylinder is returned.\nMay cylinders be returned to a Linde US fill plant that contain residual gas? The cylinders would go directly from the\nQuestion 1\nseaport or airport to a Linde facility.\nQuestion 2\nMay the cylinders containing residual gas be transported from one fill plant to another as long as no modification to the\ncylinder or product are made?\nA written response at your earliest convenience is appreciated.\nSincerely\nGuy Dalton\nGuy Dalton\nHead of Transport Compliance/Safety\nLinde Gas North America LLC\n440-251-0303\nguy.dalton@linde.com\nLinde Gas North America LLC\n\n<<<PAGE 4>>>\n\nDodd, Alice (PHMSA)\nFrom:\nSent:\nCiccarone, Michael CTR (PHMSA)\nTo:\nWednesday, July 16, 2014 11:31 AM\nSubject:\nHazmat Interps\nAttachments:\nFW: Interpretation Request - Transport of Foreign Manufactured Cylinders with Residual\nDOT Interpretation request - Transport of Foreign Cyls with Residual 07-15-14.doc\nShante and Alice,\nPlease submit this for a formal letter of interpretation.\nThanks,\nMike\nFrom: guy.dalton@linde.com [mailto:guy.dalton@linde.com]\nSent: Wednesday, July 16, 2014 8:43 AM\nTo: INFOCNTR (PHMSA)\ndan.galowitch@linde.com\nSubject: Interpretation Request - Transport of Foreign Manufactured Cylinders with Residual\nPlease find attached a request for interpretation. I am requesting a written response to the questions include in the\nrequest. Please contact me if you need further information.\nRegards,\nGuy Dalton\nHSE\nFleet Compliance and Safety Manager\nLinde North America, Inc.\n130 Briar Hill, Painesville, Ohio USA 44077\nguy.dalton@linde.com, www.lindeus.com","truncated":false,"body_characters":5057}