{"operation":"document","citation":"16-0196","title":"PonyPak — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2017-07-27","effective_on":null,"summary":"16-0196 response to PonyPak concerning 173.301, 173.304, 178.70, 178.71, 180.205.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0196.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0196.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0196","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2017/160196.pdf","body":"<<>>\n\nPonyPak\nP.O. Box 130\nDowners Grove, IL 60515\nReference No. 16-0196\nDear Mr. Messner:\nThis letter is in response to your December 8, 2016, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to United Nations\n(UN) International Organization for Standardization (ISO) Standard 11119-2 carbon fiber\ncomposite cylinders. You state that your company plans to begin production of dive equipment\nincorporating carbon self-contained breathing apparatus (SCBA) cylinder tanks certified to ISO-\n11119-2. You further specify that while your cylinders are not used underwater, they are used on\nthe surface in marine environments (i.e.., on shore, off piers, off shore).\nWe have paraphrased and answered your questions as follows:\nQ1.\nYou ask whether a letter of interpretation issued under Reference No. 14-0123 that\ndescribes a scenario where ISO Standard 11119-2 cylinders do not require a special\npermit (DOT-SP) or competent authority (CA) approvals is applicable to other companies\nwith the same scenario.\nA1.\nThe answer is yes. Letters of interpretation reflect the administration's current\napplication of the HMR to the specific facts presented by the person requesting the\nclarification. They are provided to help the public understand how to comply with the\nHMR. Letters of interpretation do not create legally-enforceable rights.\nAs described by Reference No. 14-0123, dated November 3, 2014:\n\"A cylinder designed and constructed in conformance with the applicable\nrequirements prescribed in 49 CFR 178.70, 178.71(a) and 178.71(I) for an ISO\nStandard 11119-2 is a UN standard fibre-reinforced, composite gas cylinder with\na load sharing metal liner. Cylinders that are fully in conformance with ISO\n11119-2 do not require a DOT-SP or CA Approval. To certify that these cylinders\nare an authorized UN standard packaging, manufacturers mark them in\nconformance with § 178.71(p), (q), and (r)...An ISO Standard 11119-2 cylinder\nthat varies from this design is not an authorized packaging in the United States\n\n<<>>\n\nPlease note, the marking requirements in § 178.71 of the HMR were redesignated to\nparagraphs (g), (r), and (s) by the final rule HM-215M published January 8, 2015\n180 FR 1075].\nQ2.\nYou ask whether the cylinders you describe in your letter, which you state are to be used\non the surface in marine environments only, require the \"UW\" mark prescribed in\n88 173.301b(g), 178.71(I)(2) and (q)(18) for composite cylinders certified to ISO-11119-\n2 intended for underwater use.\nA2.\nThe answer is no, provided the cylinders are not intended for underwater use or\nmanufactured in accordance with the requirements for underwater use (see\n§ 178.71(1)(2)). However, the requirements to mark the \"UW\" may be followed as a\nvoluntary option for cylinders which are not intended for underwater use. Therefore, it is\nrecommended that PonyPak consider whether its use of ISO Standard 11119-2 cylinders\nin a marine environment warrants the use of cylinders which have been subjected to the\nsaltwater immersion test in accordance with 8.5.11 of the Standard\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\ntern sten\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<>>\n\nPlease submit this as a letter of interpretation. Mr. Messner would like a written response to his inquiry.\nPlease let me know if you have any questions.\nThank you,\nJordan\nFrom: William Messner [mailto:wmessner@ponypak.com]\nSent: Friday, December 09, 2016 4:33 PM\nTo: INFOCNTR (PHMSA)\nSubject: RE: Request for Interpretation\nHi Jordan\nThank you for your call. My address is:\nWilliam Messner\nPonyPak\nPOBox 130\nDowners Grove, IL 60515\nThank you.\nRegards,\nWilliam (Bill) Messner\n3 PonyPak\n312-239-0033 (Office)\n708-256-9360 (Cell)\nThe only \"buddy\" who will never leave your side..... is YOU!\nGive your \"buddy\" the equipment he needs ... to save your life!\nFrom: INFOCNTR (PHMSA) [mailto:INFOCNTR.INFOCNTR@dot.gov]\nSent: Friday, December 9, 2016 3:31 PM\nTo: William Messner \nSubject: RE: Request for Interpretation\nDear Bill,\n1\n\n<<>>\n\nappropriate response.\nSincerely,\nJordan, Hazardous Materials Specialist\nAn e-mail response from this office is considered informal guidance. Formal guidance may be requested in accordance\nwith 49 CFR 105.20. http://phmsa.dot.gov/hazmat/regs/interps\nFrom: William Messner [mailto:wmessner@ponypak.com]\nSent: Thursday, December 08, 2016 3:33 PM\nTo: INFOCNTR (PHMSA)\nCc: William Messner\nSubject: Request for Interpretation\nHello.\nPonyPak is a new dive equipment manufacturer. We plan to begin production in March.\nTwo components use carbon SCBA tanks - on the surface. They supply breathing gas to divers underwater or to surface\nresponders working in wells/tunnels, etc. We have a selected a supplier the produces carbon SCBA tanks, with UN/ISO\ncertification. They can be used both on the surface and underwater. Although our use is ONLY on the surface, they will\nbe use in a \"marine environment.\"\nAn associate that sells ISO tanks (for paintball) provided me the attached letter.\nI would appreciate a similar letter, that we can show prospective purchasers, that our cylinders, which are ISO 11119-2\ncertified and labeled, do not require DOT-SP or CA Approval.\nSecond: Although the cylinders are NOT used underwater, but only on the surface in a marine environment (on shore/\noff piers / off shore) - do they require \"UW\" mark prescribed in §$ 173.301 b(g), 178.71 (1)(2) and (p)(18) for\ncomposite cylinders certified to ISO-11119-2.\"?\nIf so, the manufacturer's cylinders meet this specification, and can be so labeled, either with or without.\nI would appreciate receiving your definitive letter of interpretation on these issues as soon as possible. Thank you.\nRegards,\nWilliam (Bill) Messner\n2\n\n<<>>\n\n\n\n<<>>\n\nGuerrilla Air/Tiberius Arms\n2717 West Ferguson Road\nFort Wayne, IN 46809\nReference No. 14-0123\nDear Mr. Islas:\nThis is in response to your recent e-mail to the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) Hazardous Materials Information Center requesting clarification on\nhow to properly handle and fill United Nations (UN) International Organization for\nStandardization (ISO) Standard 11119-2 carbon fiber composite cylinders with a steel liner\nunder the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you\nask if PHMSA can explain the handling and filling requirements this cylinder must comply\nwith under the HMR.\nYou state your company imports these ISO cylinders into the United States and some of your\ncustomers use them when scuba diving. You also state some of your customers reported they\nhave difficulty getting these cylinders refilled because some workers at refill facilities state\nthey are not familiar with these cylinders. In addition, you state your customers report\ncylinder refillers state they will refill your customers' cylinders only if they are marked with a\nDepartment of Transportation Special Permit (DOT-SP) or Competent Authority (CA)\nnumber. Further, you included a photograph of the following markings on a UN ISO\nStandard 11119-2 carbon fiber cylinder:\n0.625x 18UNF TW AMS BB01058\nPW310 PH465BAR 0.95 KG 1.10L 0029\nUSA/M0812 IA18\n# ISO11119-2 B B 2011/12\nCanada SU 10070\nEquivalency [Obscured text] icate\nA cylinder designed and constructed in conformance with the applicable requirements\nprescribed in 49 CFR 178.70, 178.71(a) and 178.71(I) for an ISO Standard 11119-2 is a UN\nstandard fibre-reinforced, composite gas cylinder with a load sharing metal liner. Cylinders\nthat are fully in conformance with ISO 11119-2 do not require a DOT-SP or CA Approval.\nTo certify that these cylinders are an authorized UN standard packaging, manufacturers mark\nthem in conformance with § 178.71(p), (q), and (r). The mark you provided complies with\n\n<<>>\n\nDOT-SP or CA number if the DOT-SP or CA requires that it be marked with that number;\notherwise, the marking of that number is not required. In addition, the HMR require ISO\nStandard 11119-2 cylinders to be refilled in conformance with §§ 173.301, 173.301b,\n173.304b; and periodically retested in conformance with § 180.205.\nI hope this satisfies your request.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division","truncated":false,"body_characters":8437}