{"operation":"document","citation":"15-0184","title":"The Chemours Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2016-01-21","effective_on":null,"summary":"15-0184 response to The Chemours Company concerning 173.301, 180.205, 180.209, 180.3.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0184.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0184.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0184","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/150184.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\n• Materials Safety\nPipeline and Hazardous\nJAN 2 1 2016\nAdministration\nMr. Randolph Martin\nSenior Consultant, Hazardous Materials Distribution\nThe Chemours Company\n1007 Market St., Rm 2024\nWilmington, DE 19899\nRef. No.: 15-0184\nDear Mr. Martin:\nThis is in response to your e-mail dated September 10, 2015 requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) relating to requalification of\nDepartment of Transportation (DOT) specification cylinders. You state that you use DOT-\n3AL2216 cylinders in escape packs that stay on-site and are not offered for transportation off-\nsite. Your questions are paraphrased and answered as follows:\nQ1. Since these cylinders are not offered for transportation of hazardous materials, are they\nrequired to be requalified?\nAl. In accordance with § 180.3(a), a cylinder marked to certify that it conforms to the\nrequirements of the HMR must be maintained in accordance with applicable specification\nrequirements whether or not it is in transportation in commerce at any particular time. Please\nsee the responses to Q3 and Q4 below noting variances from this requirement.\nQ2. If requalification is required, what is the frequency?\nA2. DOT 3AL cylinders (excluding cylinders used as fire extinguishers under\n§ 180.209(j)) must be requalified every 5 years per \"Table 1- Requalification of Cylinders\".\nIf applicable DOT 3AL manufactured of 6351-T6 aluminum alloy cylinders must also be\nrequalified and inspected for sustained load cracking in accordance with the non-destructive\nmethod described in the \"Requalification and Inspection of DOT-3AL Cylinders Made of\nAluminum Alloy 6351-T6\" table in § 180.209(m).\nQ3. If the cylinders (that were filled prior to the date their requalification becomes due)\nrequire requalification, is such requalification only required once the cylinders are emptied\nand is there a time limit on how long the cylinders can stay in service before they must be\nrequalified?\n\n<<<PAGE 2>>>\n\nA3. Sections 173.301(a)(6) and 180.205(c) both state that a cylinder filled (i.e., charged)\nbefore its requalification becomes due may remain in service until it is emptied, and may be\ntransported in commerce by highway, rail, aircraft, or vessel provided all applicable HMR\nrequirements are met. There is no time limit on how long charged cylinders can stay in\nservice before they must be requalified under the HMR. However, there may be differing\nrequirements for cylinders used in certain applications by other federal agencies. After\nemptying, a cylinder due for requalification may not be refilled and offered for transportation\nunless it has been requalified in accordance with Part 180, Subpart C of the HMR. A cylinder\nwith a specified service life may not be refilled and offered for transportation after its\nauthorized service life has expired.\nQ4. If we were to cover, remove, or obliterate the DOT specification markings then\nrequalification is not required as the cylinders are no longer being represented as DOT\nspecification cylinders.\nA4. Your understanding is correct. Covering, removing, or obliterating the DOT specification\nmarkings on your cylinders would mean requalification would not be required. However, we\nnote that there is no requirement to requalify the cylinder until it is emptied (see A3 above).\nIf you chose to remove the marking, care should be taken when removing the markings to\nensure the minimum required thickness of the cylinder is maintained. It should also be noted\nthat removal of DOT specification markings would also invalidate authorized transportation\nof the cylinder.\nQ5. Please confirm that if §§ 173.301(a)(6) and 180.205(c) both apply, that our cylinders\nfilled before the requalification due date can continue in service until emptied, and can be\nfilled at any time before the requalification is due. After the requalification date the cylinders\nmust be requalified before refilling.\nA5. Yes (see A3 above).\nI trust this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\nDuane 1791\nDuane A. Pfund\nInternational Standards Coordinator\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\n..'\nSuchak\nEyeing a (6)\nDodd, Alice (PHMSA)\n15-0184\nFrom:\nGeller, Shelby CTR (PHMSA)\nSent:\nFriday, September 11, 2015 3:22 PM\nTo:\nHazmat Interps\nSubject:\nFW: Request for Interpretation\nDear Shante and Alice,\nAttached is a request for a formal letter of interpretation.\nThanks,\nShelby\nFrom: MARTIN, RANDOLPH [mailto:RANDOLPH.MARTIN@chemours.com]\nSent: Thursday, September 10, 2015 2:59 PM\nTo: INFOCNTR (PHMSA)\nSubject: Request for Interpretation\nCc: BAILEY, RICHARD W; CLINE, PAMELA S; KERR, SCOTT E\nWe have a few questions dealing with the requalification of DOT specification cylinders and request a formal\ninterpretation.\nWe use DOT-3AL2216 cylinders in 5 minute escape packs. These cylinders stay on-site for use in plant emergencies by\nproviding a source of breathing air,\nand are not shipped off-site.\nSince these cylinders are not used in the transportation of hazardous materials, are they required to be requalified? If\nso, what is the frequency?\nnot have to be requalified until they\nAnd if they must be requalified, do 49 CFR 173.301(a)(6) and 49 CFR 180.205(c) then apply, such that the cylinders do\nare emptied (since they were filled before the requalification became due)? And if these references apply, is there a\ntime limit on how long the cylinders\ncan stay in service (after the requalification due date) before they must be requalified?\nOur interpretation, and confirmed by a member of your staff on August 27, is that as long as the cylinders display a DOT\nspecification, they must be maintained\nin accordance with the applicable provisions of the Hazardous Materials Regulations. This would appear to give us 2\noptions.\nThe first is to cover, remove or obliterate the DOT specification - then requalification is not required as the cylinders are\nno longer DOT specification cylinders\n(and are not required to be since we are not filling and shipping hazardous materials).\nThe second is to treat them as DOT specification cylinders. In this case 173.301(a)(6) and 180.205(c) both apply, and any\ncylinders filled before the\nrequalification due date can continue in service until unloaded, and can be re-loaded at any time before the\nrequalification is due. Any cylinder unloaded\n1\n\n<<<PAGE 4>>>\n\nafter its requalification date must be requalified before re-loading.\nPlease advise if this is the correct interpretation.\nAnd please call me on 302-773-2266 if you have any questions.\nRandolph Martin\nSr. Consultant, Hazardous Materials Distribution\n302-773-2266 office\n302-383-4174 mobile\n1007 Market Street, Rm 2024\nThe Chemours Company\nWilmington, DE 19899\nChemours™\nLinkedin | Iwitter | Chemours.com\nThis communication is for use by the intended recipient and contains information that may be Privileged,\nconfidential or copyrighted under applicable law. If you are not the intended recipient, you are hereby\nformally notified that any use, copying or distribution of this e-mail, in whole or in part, is strictly prohibited.\nPlease notify the sender by return e-mail and delete this e-mail from your system. Unless explicitly and\nconspicuously designated as \"E-Contract Intended. 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