{"operation":"document","citation":"16-0010","title":"Mr. Jason Miller — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2017-04-05","effective_on":null,"summary":"16-0010 concerning 171.1, 173.27, 173.301, 173.306.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0010.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0010.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0010","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2017/160010.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nAPR 0 5 2017\nMr. Jason Miller\nPine Environmental Services LLC\nHSEManager\n10635 Richmond Ave #100\nHouston, TX 77042\nRef. No.: 16-0010\nDear Mr. Miller,\nThis responds to your January 12, 2016 email regarding the applicability of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) to the shipment of\"UN1049, Hydrogen,\ncompressed, 2.1\" in small (5\" length, 1.5\" diameter) non-specification metal cylinders. Your\nquestions are paraphrased and answered below:\nQ 1. You seek confirmation that non-specification cylinders containing compressed hydrogen\nmay not be transported by highway or cargo aircraft as they do not meet the requirements of\n§ 173.301 or any of the exceptions prescribed in§ 173.306.\nAl. Your understanding is correct. As required by § 173.301 (a)(l ), compressed gases must be in\nUN pressure receptacles built in accordance with the UN standards or in metal cylinders and\ncontainers built in accordance with the DOT and ICC specifications. This requirement is\napplicable to all modes of transport. In accordance with§ 173.306(a)(l), when in containers of\nnot more than 4 fluid ounces capacity (7.22 cubic inches or less), such containers are not subject\nto specification cylinder requirements. However, as the cylinder in your scenario exceeds a\ncapacity of 7.22 cubic inches, this exception would not apply. For transportation by aircraft, the\npackage must also conform to the applicable requirements of § 173 .27.\nQ2. You seek confmnation that non-specification cylinders containing compressed hydrogen\nmay not be transported by highway or cargo aircraft in accordance with any of the exceptions\nauthorized in § 173.306, as the gas is pressurized up to 1800 psi and therefore does not meet any\nof the conditions provided in the section.\nA2. Your understanding is correct. The cylinders described in your scenario do not meet any of\nthe conditions for exception prescribed in§ 173.306.\nQ3. You note that Special Permit DOT-SP 7607 (Twelfth Revision), which authorizes\ncompressed hydrogen on passenger aircraft under certain conditions, expired on March 31 , 2015.\nYou seek confirmation that an individual may not use this permit after the expiration date unless\nstated otherwise.\n\n<<<PAGE 2>>>\n\nA3. Your understanding is correct. A packaging referenced in a special permit authorizing the\nmanufacture, mark, sale, and use of a packaging cannot be used after the special permit's\nexpiration date unless the holder of the special permit requested a renewal prior to the expiration\nof the current special permit.\nQ4. You ask whether a renewal request has been granted for DOT-SP 7607?\nA4. A modification and renewal were requested. Both the modification and renewal\napplications were denied on August 4, 2016.\nQ5. Being a rental and service company, you ask ifthe same non-specification cylinder\ndescribed above may be provided to your customers \"over the counter\" when filled with\ncompressed hydrogen.\nAS. Section 171.1 (b) and ( c) provides that requirements of the HMR apply to each person who\noffers a hazardous material for transportation in commerce and the transportation of a hazardous\nmaterial in commerce. The transportation of a hazardous material by a private individual for non-\ncommercial personal use is not considered transportation in commerce. Therefore, the\nrequirements of the HMR are not applicable to fillers ( offerors) or private individuals for the use,\nrecharging, or transportation of cylinders by private individuals for personal use. However, an\nofferor renting cylinders filled with a hazardous material to a commercial client, and the\nsubsequent transport by that client, would be subject to the requirements of the HMR.\nI hope this answers your inquiry. If you need additional assistance, please contact the Standards\nand Rulemaking Division at (202) 366-8553.\nSincerely,\n__!;::) ~ /-1 -\nDuane A. Pfund\nInternational Standards Coordinator\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\n(A) t.e ILC r\n{'13. 2/J\n\"--fh,C\\f\\_'\nGoodall, Shante CTR (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nGeller, Shelby CTR (PHMSA)\nTuesday, January 12, 2016 5:12 PM\nHazmat Interps\nFW: Letter of Interpretation\nDear Shante and Alice,\nForwarded is a request for a formal letter of interpretation. I spoke with Mr. Miller regarding his request.\nThanks,\nShelby\nFrom: Jason Miller [mailto:jlmiller@pine-environmental.com]\nSent: Tuesday, January 12, 2016 10:48 AM\nTo: PHMSA HM InfoCenter\nSubject: Letter of Interpretation\nTo Pipeline Hazardous Materials Safety Administration,\nPlease can you clarify the below questions\n1) 2) 3) 4) 5) 6) A small metal cylinder (Approx 5\" length, 1.5\" Diameter) containing compressed Hydrogen UN1049 that bears\nno DOT or UN Markings cannot be transported by Highway or Air-Cargo as it does not meet the requirements\nunder 173.301 General Requirements for shipment of compressed gases and other hazardous materials in\ncylinders, UN Pressure receptacles and spherical pressure vessels being that it is a NON-DOT /UN specification\ncylinder.\nFurthermore is it correct that this same cylinder cannot be transported by Highway or Air, Cargo under 173.306\nLimited quantities of compressed gases, as the gas is pressurized up to 1800 PSI and does not meet the\nrequirements of this sub-section?\nUnder Special Permit SP-7607 has an expiration date of 03/31/2015 and need verification that an individual\ncannot use this permit thereafter unless stated otherwise?\nHas a renewal request been granted for SP-7607?\nIf a renewal request has been granted can someone hand carry this cylinder onto passenger carrying aircraft or\ndoes it need to be shipped via a passenger carrying aircraft using a service such as Fed-Ex or UPS?\nBeing a rental and service company, can this same cylinder be provided to our customers over the counter full\nof hydrogen as it's not in commerce?\nRegards\nJason Miller\nHSE Manager\n1\n\n<<<PAGE 4>>>\n\n10635 Richmond Ave #100, Houston, Texas, 77042\nOffice: 713-981-7463 Cell: 832-591-6907\n2","truncated":false,"body_characters":6102}