PonyPak — Hazardous Materials Safety Interpretation

Page 1PonyPak P.O. Box 130 Downers Grove, IL 60515 Reference No. 16-0196 Dear Mr. Messner: This letter is in response to your December 8, 2016, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to United Nations (UN) International Organization for Standardization (ISO) Standard 11119-2 carbon fiber composite cylinders. You state that your company plans to begin production of dive equipment incorporating carbon self-contained breathing apparatus (SCBA) cylinder tanks certified to ISO- 11119-2. You further specify that while your cylinders are not used underwater, they are used on the surface in marine environments (i.e.., on shore, off piers, off shore). We have paraphrased and answered your questions as follows: Q1. You ask whether a letter of interpretation issued under Reference No. 14-0123 that describes a scenario where ISO Standard 11119-2 cylinders do not require a special permit (DOT-SP) or competent authority (CA) approvals is applicable to other companies with the same scenario. A1. The answer is yes. Letters of interpretation reflect the administration's current application of the HMR to the specific facts presented by the person requesting the clarification. They are provided to help the public understand how to comply with the HMR. Letters of interpretation do not create legally-enforceable rights. As described by Reference No. 14-0123, dated November 3, 2014: "A cylinder designed and constructed in conformance with the applicable requirements prescribed in 49 CFR 178.70, 178.71(a) and 178.71(I) for an ISO Standard 11119-2 is a UN standard fibre-reinforced, composite gas cylinder with a load sharing metal liner. Cylinders that are fully in conformance with ISO 11119-2 do not require a DOT-SP or CA Approval. To certify that these cylinders are an authorized UN standard packaging, manufacturers mark them in conformance with § 178.71(p), (q), and (r)...An ISO Standard 11119-2 cylinder that varies from this design is not an authorized packaging in the United States#

Page 2Please note, the marking requirements in § 178.71 of the HMR were redesignated to paragraphs (g), (r), and (s) by the final rule HM-215M published January 8, 2015 180 FR 1075]. Q2. You ask whether the cylinders you describe in your letter, which you state are to be used on the surface in marine environments only, require the "UW" mark prescribed in 88 173.301b(g), 178.71(I)(2) and (q)(18) for composite cylinders certified to ISO-11119- 2 intended for underwater use. A2. The answer is no, provided the cylinders are not intended for underwater use or manufactured in accordance with the requirements for underwater use (see § 178.71(1)(2)). However, the requirements to mark the "UW" may be followed as a voluntary option for cylinders which are not intended for underwater use. Therefore, it is recommended that PonyPak consider whether its use of ISO Standard 11119-2 cylinders in a marine environment warrants the use of cylinders which have been subjected to the saltwater immersion test in accordance with 8.5.11 of the Standard I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, tern sten T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 3Please submit this as a letter of interpretation. Mr. Messner would like a written response to his inquiry. Please let me know if you have any questions. Thank you, Jordan From: William Messner [mailto:wmessner@ponypak.com] Sent: Friday, December 09, 2016 4:33 PM To: INFOCNTR (PHMSA) Subject: RE: Request for Interpretation Hi Jordan Thank you for your call. My address is: William Messner PonyPak POBox 130 Downers Grove, IL 60515 Thank you. Regards, William (Bill) Messner 3 PonyPak 312-239-0033 (Office) 708-256-9360 (Cell) The only "buddy" who will never leave your side..... is YOU! Give your "buddy" the equipment he needs ... to save your life! From: INFOCNTR (PHMSA) [mailto:INFOCNTR.INFOCNTR@dot.gov] Sent: Friday, December 9, 2016 3:31 PM To: William Messner <wmessner@ponypak.com> Subject: RE: Request for Interpretation Dear Bill, 1#

Page 4appropriate 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: William Messner [mailto:wmessner@ponypak.com] Sent: Thursday, December 08, 2016 3:33 PM To: INFOCNTR (PHMSA) Cc: William Messner Subject: Request for Interpretation Hello. PonyPak is a new dive equipment manufacturer. We plan to begin production in March. Two components use carbon SCBA tanks - on the surface. They supply breathing gas to divers underwater or to surface responders working in wells/tunnels, etc. We have a selected a supplier the produces carbon SCBA tanks, with UN/ISO certification. They can be used both on the surface and underwater. Although our use is ONLY on the surface, they will be use in a "marine environment." An associate that sells ISO tanks (for paintball) provided me the attached letter. I would appreciate a similar letter, that we can show prospective purchasers, that our cylinders, which are ISO 11119-2 certified and labeled, do not require DOT-SP or CA Approval. Second: Although the cylinders are NOT used underwater, but only on the surface in a marine environment (on shore/ off piers / off shore) - do they require "UW" mark prescribed in §$ 173.301 b(g), 178.71 (1)(2) and (p)(18) for composite cylinders certified to ISO-11119-2."? If so, the manufacturer's cylinders meet this specification, and can be so labeled, either with or without. I would appreciate receiving your definitive letter of interpretation on these issues as soon as possible. Thank you. Regards, William (Bill) Messner 2#

Page 6Guerrilla Air/Tiberius Arms 2717 West Ferguson Road Fort Wayne, IN 46809 Reference No. 14-0123 Dear Mr. Islas: This is in response to your recent e-mail to the Pipeline and Hazardous Materials Safety Administration (PHMSA) Hazardous Materials Information Center requesting clarification on how to properly handle and fill United Nations (UN) International Organization for Standardization (ISO) Standard 11119-2 carbon fiber composite cylinders with a steel liner under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if PHMSA can explain the handling and filling requirements this cylinder must comply with under the HMR. You state your company imports these ISO cylinders into the United States and some of your customers use them when scuba diving. You also state some of your customers reported they have difficulty getting these cylinders refilled because some workers at refill facilities state they are not familiar with these cylinders. In addition, you state your customers report cylinder refillers state they will refill your customers' cylinders only if they are marked with a Department of Transportation Special Permit (DOT-SP) or Competent Authority (CA) number. Further, you included a photograph of the following markings on a UN ISO Standard 11119-2 carbon fiber cylinder: 0.625x 18UNF TW AMS BB01058 PW310 PH465BAR 0.95 KG 1.10L 0029 USA/M0812 IA18 # ISO11119-2 B B 2011/12 Canada SU 10070 Equivalency [Obscured text] icate A cylinder designed and constructed in conformance with the applicable requirements prescribed in 49 CFR 178.70, 178.71(a) and 178.71(I) for an ISO Standard 11119-2 is a UN standard fibre-reinforced, composite gas cylinder with a load sharing metal liner. Cylinders that are fully in conformance with ISO 11119-2 do not require a DOT-SP or CA Approval. To certify that these cylinders are an authorized UN standard packaging, manufacturers mark them in conformance with § 178.71(p), (q), and (r). The mark you provided complies with#

Page 7DOT-SP or CA number if the DOT-SP or CA requires that it be marked with that number; otherwise, the marking of that number is not required. In addition, the HMR require ISO Standard 11119-2 cylinders to be refilled in conformance with §§ 173.301, 173.301b, 173.304b; and periodically retested in conformance with § 180.205. I hope this satisfies your request. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#