Bancroft Hinchey Ltd — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 1200 New Jersey Avenue, SE Materials Safety Pipeline and Hazardous Washington, DC 20590 Administration APR 1 3 2017 Mr. Chris Hinchey Bancroft Hinchey Ltd School House Slaugham Lane Warninglid RH17 5TJ West Sussex, United Kingdom Reference No. 16-0170 Dear Mr. Hinchey: This letter is in response to your October 20, 2016, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the marking of cylinders. You note that requalification marking requirement for cylinders in § 180.213(c) allows a label embedded with epoxy that is legible and durable throughout the life cycle of the cylinder. You add that § 180.213(b) states that unless authorized by the cylinder specification, the marking on the cylinder sidewall is prohibited. You further reference § 178.35(f)(4), which states that unless otherwise specified in the applicable specification, the markings on each cylinder must be stamped plainly and permanently on the shoulder, top head, or neck. In your email, you provide the following assumptions: • There is no manufacturer authorization to label the sidewall which negates § 180.213(b). • The use of a label on the sidewall is therefore in conflict with the requirements to not mark a sidewall. • Applying a label to the dome, top head, or neck is impractical. Therefore, the composite cylinders. amended texts refer to the common practice of placing labels on the sidewall of Specifically, you ask for confirmation that the application of labels overcoated with epoxy as composite cylinder. described in § 180.213(c) is an acceptable method of applying a requalification marking for a#

Page 2The answer is yes. It is the opinion of this Office that the assumptions stated in your email regarding the labeling of composite cylinders are correct. When requalitying composite mark that is both legible and durable. cylinders under § 180.213, a label embedded with epoxy is permissible provided it produces a I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 3Andrews 180.213 Goodall, Shante CTR (PHMSA) Regnalfication Mockins Sent: From: Rivera, Jordan CTR (PHMSA) 160170 To: Thursday, October 20, 2016 1:21 PM Subject: Hazmat Interps FW: 49CFR 180.213 interp request Hi Shante/Alice, Please submit this as a letter of interpretation. Please let me know if you have any questions. Thanks, Jordan From: Chris Hinchey [mailto: chris@bancroft.co.uk] Sent: Thursday, October 20, 2016 1:10 PM To: INFOCNTR (PHMSA) Subject: RE: 49CFR 180.213 interp request Dear Jordan, Thanks for the quick reply. Details below Bancroft Hinchey Ltd School House Warninglid Slaugham Lane West Sussex RH17 5TJ Regards Chris Chris Hinchey Director Bancroft +44 1444 248884 chris@bancroft.co.uk<mailto:chris@bancroft.co.uk> skype chris.hinchey From: INFOCNTR (PHMSA) [mailto: INFOCNTR.INFOCNTR@dot.gov] Sent: 20 October 2016 18:02 To: Chris Hinchey <chris@bancroft.co.uk> Subject: RE: 49CFR 180.213 interp request Dear Chris, We have received your request for a written letter of interpretation regarding the hazardous materials regulations (49 CFR Parts 171-180). The hazardous materials regulations are available at the following URL: http://phmsa.dot.gov/regulations#

Page 4In order to process your request, please respond to this email with your full contact information (mailing address, telephone number). You may contact the Hazardous Materials Information Center at +1 202-366-4488 with questions. Please allow a minimum of 8 weeks before contacting the Office of Hazardous Materials Standards (OHMS) for a status on written letters of interpretations. Delivery time of a written interpretation can vary markedly based on topic complexity and the depth of review necessary by OHMS Divisions and modal administrations (e.g., FAA) to ensure an appropriate response. Sincerely, Jordan, Hazardous Materials Specialist An e-mail response from this office is considered informal guidance. Formal guidance may be requested in accordance with 49 CFR 105.20. http://phmsa.dot.gov/hazmat/regs/interps From: Chris Hinchey [mailto:chris@bancroft.co.uk] Sent: Thursday, October 20, 2016 12:26 PM To: PHMSA HM InfoCenter Subject: 49CFR 180.213 interp request Sirs I am requesting clarification of 49CFR §180.213 Requalification markings. in 81FR 3686 The October 1'* revision amends the marking requirement to include the use of a label overcoated with epoxy, as stated 180.213 states (underlining refers to the particular wording discussed): (c) Requalification marking method. The depth of requalification markings may not be greater than specified in the applicable specification. The markings must be made by stamping, engraving, scribing, or applying a label embedded in epoxy that will remain legible and durable throughout the life of the cylinder, or by other methods that produce a legible, durable mark In regard to the placement of the labels referred to, the preceding paragraph states: (b) Placement of markings. Each cylinder must be plainly and permanently marked on the metal of the cylinder as sidewall is prohibited. permitted by the applicable specification. Unless authorized by the cylinder specification, marking on the cylinder Marking on the sidewall is also prohibited in the general requirements of 178.35 (f) (4) which states Unless otherwise shoulder, top head, or neck. specified in the applicable specification, the markings on each cylinder must be stamped plainly and permanently on the Therefore I assume there is no manufacturer authorisation to label the sidewall which negates paragraph 180.213(b) The use of a label on the sidewall is therefore in conflict with the requirement not to mark the sidewall. Applying a label to the dome, top head or neck is impractical, and my assumption is that the amended text refers to the common practice of placing labels on the sidewall of composite cylinders. Can you confirm that application of labels overcoated with epoxy as described is acceptable on the cylinder sidewall as a method of applying a requalification marking after a cylinder is tested? 2#

Page 5Yours Faithfully Chris Hinchey Director Chris Hinchey BANCROFT HINCHEY LTD Warninglid West Sussex UK RH17 5TJ#