{"operation":"document","citation":"17-0059","title":"FIBA Technologies Affairs — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2017-07-28","effective_on":null,"summary":"17-0059 response to FIBA Technologies Affairs concerning 171.8, 173.301, 173.312, 178.75.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0059.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0059.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0059","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2017/170059.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nJUL 2 8 2017\nChristopher R. Adams\nManager, Regulatory Affairs\nFIBA Technologies, Inc.\n53 Ayer Road\nLittleton, MA 01406\nReference No. 17-0059\nDear Mr. Adams:\nThis letter is in response to your May 30, 2017, email and subsequent phone conversations\nrequesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180)\napplicable to Multi-Element Gas Containers (MEGCs). Specifically, you ask whether\nDepartment of Transportation (DOT) cylinders can be transported in MEGCs for both domestic\nand international transportation under certain conditions.\nWe have paraphrased and answered your questions as follows:\nQI . You ask whether a grouping of seamless DOT specification cylinders (longer than 2\nmeters) within a frame can also meet the definition of a MEGC for domestic\ntransportation.\nAl. The answer is no. In accordance with the definition in § 171.8, a \"Multiple-element gas\ncontainer or MEGC\" is defined in the HMR as \"assemblies of UN cylinders, tubes, or\nbundles of cylinders interconnected by a manifold and assembled within a framework.\"\nThe requirements for the use of MEGCs in § 173 .312 specify that certain requirements\nfor UN cylinders in part 173 must be followed. Section 173.312 also requires that\nMEGCs meet the design, construction, inspection, and testing requirements in § 178. 75\nand be marked in accordance with§ 178.750). Therefore, for purposes of the HMR,\nDOT specification cylinders connected by a manifold and assembled within a framework\nare not considered MEGCs. However, bundles of DOT specification cylinders may be\nmounted on frames in accordance with the requirements of § l 73.30l(i).\"\nQ2. You ask whether DOT 3T and 3AAX cylinders mounted in frames which conform to the\ndesign requirements for a MEGC (other than those specific to cylinders meeting certain\nUN/ISO standards) can be transported in accordance . with§ l 73.30l(i), provided the\nrequirements for both sections are met.\nA2. The answer is yes, provided the frame is not visibly marked in accordance with the\nMEGC marking requirements in§ 178.75G) during transportation. The markings\nspecified in § 178. 750) certify that the MEGC meets the design and approval\n\n<<>>\n\nrequirements in part 178. Therefore, MEGCs which display the marking in accordance\nwith§ 178.750) are only authorized for transportation with UN/ISO cylinders. See Al.\nQ3. A3. You ask for confirmation of your understanding that DOT permits bundles of DOT\ncylinders to be transported in accordance with international standards as authorized in\npart 171 subpart C. You note that the United Nations (UN) Recommendations on the\nTransport of Dangerous Goods do not specify the cylinder design type required for a\nbundle of cylinders or MEGCs. Rather, cylinders must be of a type \"approved by the\nCompetent Authority.\"\nHazardous materials may be transported to, from, or through the United States under the\nInternational Civil Aviation Organization's Technical Instructions for the Safe Transport\nof Dangerous Goods by Air (ICAO TI), the International Maritime Dangerous Goods\n(IMDG) Code, Transport Canada's Dangerous Goods (TDG) Regulations, or the\nInternational Atomic Energy Agency (IAEA) Regulations when the requirements of part\n171 subpart C are met. The United Nations Recommendations on the Transport of\nDangerous Goods recognize the transport and use of pressure receptacles other than those\nthat bear the \"UN\" certification mark when approved by the Competent Authority of the\ncountries of transport and use (see §107.l definition of Competent Authority). This\nrecognition is reflected also in the IMDG Code and the European ADR under certain\nconditions. Therefore, bundles of DOT cylinders are authorized for transportation in\naccordance with the requirements in 49 CFR 173.301 (i) and applicable international\nstandards. ·\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\n~./(;.\\/\nShane C. Kelley . bJ\nActing Director, Standards and Rulemaking Division\n\n<<>>\n\n(ioQd~ll. Shante CTR (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nAttachments:\nINFOCNTR (PHMSA)\nWednesday, May 31, 201711:00 AM\nHazmat Interps .\nFW: FIBA Technologies, Inc. Urgent Request for Letter of Interpretation Regarding 49\nCFR 171.8 - Definition of a MEGC\nFIBA Request for Letter of Interpretation Regarding 49 CFR 171.8 - Definition of a MEGC\n- PDF.pdf\nHi Shante/Alice,\nPlease submit this as a letter of interpretation. Mr. Adams' contact information is contained in the attachement.\nPlease let me know if you have any questions.\nThanks,\nJordan\nFrom: Chris Adams [mailto:ChrisAdams@fibatech.com]\nSent: Tuesday, May 30, 2017 3:41 PM\nTo: INFOCNTR (PHMSA} \nCc: Cassidy, Duane (PHMSA) ; Benninghoven, Neil (PHMSA) \nSubject: FIBA Technologies, Inc. Urgent Request for Letter of Interpretation Regarding 49 CFR 171.8 - Definition of a\nMEGC\nTo Whom It May Concern:\nAttached is an urgent request from FIBA for a letter of interpretation regarding the definition of a MEGC. We ask that\nthe DOT review this letter as soon as possible because a response is critical to our business planning, inspections by DAA,\nand timely deliveries to our customers, who are major industrial gas suppliers both in the USA and overseas.\n)\nThank you in advance for your timely assistance with this request.\nVery truly yours,\nChristopher R. Adams\nManager, Regulatory Affairs\nFIBA Technologies, Inc.\n1\n\n<<>>\n\nQUALITY PRODUCTS-SERVICE\nFIBA TECHNOLOGIES, INC.\n53 Ayer Road\nLittleton, MA 01406 USA\nTEL(508)887-7100\nhttp://www.fibatech.com\nMay 30, 2017\nE-Mail\nA TIN: Hazardous Materials Infotmation Center\ninfocntr@dot.gov\nSUBJECT: Letter of Interpretation\nREF: 49 CFR § 171.8\nTo Whom It May Concern:\nIn accordance with 49 CFR § I 05.20(2), I am writing to you seeking guidance regarding the above referenced\ncitation from Title 49 of the Code of Federal Regulations. 49 CFR § 171.8 provides a definition of a multiple-\nelement gas container or MEGC. For the reasons explained in the following paragraphs, we believe that,\ndespite. the interpretation found in DOT reference number 07-0119, this definition of a MEGC is incomplete\nand should include DOT 3T and 3AAX specification cylinders.\nReason# 1 -\nUN model regulations state in Part 6, REQUIREMENTS FOR THE CONSTRUCTION AND TESTING OF\nPACKAGINGS, INTERMEDIATE BULK CONTAINERS (IBCs), LARGE PACKAGINGS, PORTABLE\nTANKS, MULTIPLE-ELEMENT GAS CONTAINERS (MEGCs) AND BULK CONTAINERS, paragraph\n6.2.3.1:\n6.2.3 Requirements for non-UN pressure recept11cles\n6.2.3.l Pressm· e receptacles not designe.(1, coustmcted. inspected, tested and approved according to\nthe requirements of 6.2.2 shall be designed, coustmcted, inspected, tested nud approved in accordance with\nthe provisions of a technical code recognised by the competent authority and the general requiremeuts of\n6.2.1.\nSERVING THE INDUSTRY SINCE 1958\n\n<<>>\n\nQUALITY PRODUCTS-SERVICE\nFIBA TECHNOLOGIES, INC.\n53 Ayer Road\nLittleton, MA 01406 USA\nTEL(508}887-7100\nhttp://www.fibatech.com\nFIBA Technologies, Inc.\nRequest for Letter of Interpretation Regarding 49 CFR 171 .8 - Definition of a MEGC\nLikewise, ADR regulations applicable as from 1 January 2017 state the following:\n6.2.3\n6.2.3.1\n6.2.3.1.1\n~ueral requlrtments for non-UN prtssm·t rectptndes\nDesign 011d co11strttcfio11\nPressrn· e receptacles and their closm·es not designed. constructed. inspected. tested nnd approved\naccording to the requiremeuts of 6.2 .2 shall be designed, constmcted. inspected, tested and approved\nin accordance with the general requirements of 6.2. l as supplemented or modified by tile requirements\nof this section and those of6.2.4 or 6.2.5.\nGiven these UN and ADR statements, FIBA contends that 3T and 3AAX cylinders (a.k.a. tubes) are pressure\nreceptacles designed, constructed, inspected, tested and approved in accordance with the provisions of Title 49\nof the CFR, which is a technical code recognized by the U.S.A. competent authority, DOT, and this technical\ncode (specifically 49 CFR §§ 178.37 and 178.45) complies fully with the General requirements for seamless\npressure receptacles as described in paragraph 6.2.l of the UN model regulations.\nOne could argue that a European MEGC manufacturer or gas producer would export a MEGC manufactured\nwith DOT 3T or 3AAX tubes to the USA with the expectation that they would have unrestricted travel and\noperations within the· USA because the tubes are manufactured to a DOT code whereas the American\nmanufacturer or gas supplier wishing to ship the same container within the USA would be told by the DOT that\nthe MEGC was not authorized due to the specification tubes/cylinders.\nReason# 2-\nUN definition for a tube follows:\nTube means a senlllless trnnsportnble presstrre receptacle of 11 wllter capacity exceeding J 50 litres but not\nmore tlrnn 3 000 Ii tr es:\nADR regulations applicable as from 1 January 2017 provide the following definition for a tube:\n\"Tube'' (Class 2) means a transpottable pressm-e receptacle of seaillless or composite constrnctiou\nhaving a water capacity exceeding 150 litres and of not more than 3 000 litres;\nThe DOT amended the definition in 49 CFR § 171.8 to a UN tube, rather than just a tube. The DOT also added\nthat the tube \"has been marked and certified as conforming to the requirements in part 1 78\". The above text\nfrom the UN model regulations is repeated in the DOT definition: FIBA contends that DOT 3T and 3AAX\ntubes meet the DOT, UN and ADR definitions for a tube. FIBA is confident that it was not the intent of UN\nand ADR members to exclude 3T and 3AAX tubes from the definition and the MEGC.\nSERVING THE INDUSTRY SINCE 1958\n\n<<>>\n\nA&·\nQUALITY PRODUCTS·SERVICE\nFIBA Technologies, Inc.\nRequest for Letter of Interpretation Regarding 49 CFR 171 .8 - Definition of a MEGC\nFIBA TECHNOLOGIES, INC.\n53 Ayer Road\nLittleton, MA 01406 USA\nTEL(508)887-7100\nhttp:/ /www.fibatech.com\nReason# 3 -\nOther than the \"elements\" being DOT 3T or 3AAX tubes rather than ISO 11120 tubes, a MEGC manufactured\nwith these DOT specification tubes complies with the requirements for the elements of a MEGC as outlined in\nsection 6.7.5.2.3, which follows:\n6.7 .5.2.3 Elements of an MEGC shall be made of seamless steel and be constmcted and tested nccoHtiug\nto Chnpte1· 6 . . 2. All of the elements in an MEGC' shall be of the same design type.\nA MEGC built with DOT 3T or 3AAX tubes complies with all of the requirements of the subsections of 6.7.5,\nwhich is Requirements for the design, construction, inspection and testing of multiple-element gas containers\n(MEGCs) intended for the transport of non-refrigerated gases. Without going into all the details, the\nrequirements of 49 CFR § 178.75 are the same as those of the UN model regulations in 6.7.5 with the glaring\nexception being that 49 CFR § 178.75(d)(3) stipulates that the pressure receptacle of a MEGC must conform to\na listed ISO standard (including ISO cylinders) and, by DOT interpretation, cannot include a 3T or 3AAX tube.\nReason# 4-\nIMDG code makes no distinction between a UN multiple-element gas container and a MEGC. In the provisions\nfor MEGC, section 6.7.5.2.3 states: \"Elements of an MEGC shall be made of seamless steel and be constructed\nand tested according to chapter 6.2. All of the elements in an MEGC shall be of the same design type.\" A\nFIBA MEGC manufactured with DOT 3T or 3AAX tubes meets this criterion.\nIMDG code also provides section 6.2.3, Provisions for non-UN pressure receptacles, wherein the following\nstatements are made:\n6.2.3.1 - \"Pressure receptacles not designed, constructed, inspected, tested and approved according to 6.2.2\nshall be designed, constructed, inspected, tested and approved in accordance with a technical code recognized\nby the competent authority and the general provision of 6.2.1.\"\n6.2.3.2 - \"Pressure receptacles designed, constructed, inspected, tested and approved under the provisions of\nthis section (6.2.3] shall not be marked with the UN packaging symbol.\"\n6.2.3.4 - \"Marking shall be in accordance with the requirements of the competent authority of the country of\nuse.\"\nSERVING THE INDUSTRY SINCE 1958\n\n<<>>\n\nFIBA TECHNOLOGIES, INC.\n53 Ayer Road\nLittleton, MA 01406 USA\nTEL(508)887-7100\nhttp:/ /www.fibatech.com\nQUALITY PRODUCTS·SERVICE\nFIBA Technologies, Inc.\nRequest for Letter of Interpretation Regarding 49 CFR 171 .8 - Definition of a MEGC\nFIBA contends that these provisions of the IMDG code are written specifically to take into account the fleets of\nMEGC that are in service and manufactured with DOT-authorized, 3T and 3AAX tubes and to allow such\nMEGC to continue. in service in perpetuity.\nReason# 5-\nAs required by ADR in sections 4.1.6.l and 4.1.6.3, pressure receptacles for goods of Class 2 and goods of\nother classes assigned to packing instrnction P200 \"shall be constrncted and closed so as to prevent any loss of\ncontents which might be caused under normal conditions of carriage ... \" and \"to contain a gas or a mixture of\ngases according to the requirements [of ADR regulations] .... \" This \"applies to pressure receptacles which are\nelements of MEGCs and battery-vehicles.\"\nFIBA contends that the 3T and 3AAX tubes of 49 CFR comply with these ADR requirements.\nGiven the above information, we ask the DOT to respond to the following question:\nQ. Can the DOT include assemblies of Specification 3T and 3AAX cylinders interconnected by a manifold and\nassembled within a framework in its definition of a MEGC?\nA. Proposed answer: \"YES\".\nThank you in advance for your attention to this matter. We hope that you can treat this very urgently and\nrespond in a much shorter time period that the standard turnaround time. We have several customers and\nvendors being impacted by this interpretation. We think that, whether they know it or not, the entire industry of\npersons manufacturing, inspecting, testing and certifying MEGC should be concerned about this issue. Please\ndo not hesitate to contact me if you have any questions or need any additional information.\nSincerely yours,\nChristopher R. Adams\nManager, Regulatory Affairs\nFIBA Technologies, Inc.\nSERVING THE INDUSTRY SINCE 1958\n\n<<>>\n\nFrom:\nTo:\nSubject:\nDate:\nAttachments:\nChris Adams\nLehman. Yictorja CPHMSAl\nRE: Background materials on DOT Tube Trailer and MEGC requirements\nWednesday, June 14, 2017 1:55:44 PM\nM299e pdf\nMs. Lehman :\nThank you for calling me to discuss this matter. I will look over everything carefully. I hope you\nappreciated the problem we're having with our DAA. I'd like to give you something to think about as\nyou continue preparing your response.\nFIBA believes that there seems to be an oversight in the CFR by not clearly allowing use of non-UN\ntubes (DOT 3-series tubes) in DOT MEGCs. As pointed out in my letter seeking a DOT interpretation,\nthe UN Model Regulations, ADR and IMDG allow use of non-UN tubes with MEGCs. Please note that\nunder 49 CFR 171.25(a), Additional requirements for the use of the IMDG Code, it is stated that\nshipments of hazardous materials in accordance with the IMDG code must conform to the\nrequirements in 171.25 provided they conform to the requirements of 49 CFR 171.22, as applicable.\nUse of the specification requirements in Part 178, as mentioned in$ 171.22(g)(5) and 173.24(c)(1),\nand the requirement that a MEGC use UN tubes is not applicable to an IMDG MEGC with non-UN\ntubes (3-series tubes). Therefore, we believe that independent third parties, such as ABS, can still\ncertify our IMDG MEGCs with 3-series tubes. We argue the requirement to use a UN tube in a MEGC\nis not applicable since the package we manufacture and seek to certify is an IMDG MEGC with non-\nUN tubes, which is permitted in IMDG code and 49 CFR 171.25(a).\nAs pointed out in Final Rule HM-220E: \"The HMR authorize domestic transportation of hazardous\nmaterials shipments prepared in accordance with the IMDG Code if all or part of the transportation\nis by vessel, subject to certain conditions and limitations ... \" This rule also stated :\n\"Our goal is to harmonize without sacrificing the current HMR level of safety and without imposing\nundue burdens on the regulated public.\"\n\"Our proposal does not remove existing requirements for DOT specification cylinders; rather, we\npropose to incorporate the UN standards so that a shipper may use either a DOT specification\ncylinder or a UN standard pressure receptacle as appropriate for individual gases and\ncircumstances.\"\nAs pointed out in HM-218E: \"Seamless DOT specification cylinders longer than 2 meters (6.5 feet)\nmay be transported only when horizontally mounted on a vehicle or in an ISO framework or other\nframework of equivalent structural integrity.\" I can tell you that, prior to the world and DOT\nformulating and adopting the idea of a MEGC, DOT 3T or 3AAX cylinders (a.k.a. tubes) were regularly\ntransported in an ISO framework throughout the globe and these were then and are today the\nequivalent of a MEGC, excepting only that the tubes are DOT Specification cylinders, rather than UN\nISO 11120 tubes.\nI do have a couple of questions:\n\n<<>>\n\n1. 2. If you determine that the definition of a MEGC cannot be altered in a letter of interpretation\nto include DOT 3T and 3AAX cylinders, can you provide clear language that can be shown to\na DAA that, per 173.301(i), DOT 3T and 3AAX cylinders mounted in frames and conforming\nto the requirements specified in the paragraph can be approved by DOT for both domestic\nand international shipment (or, alternatively, approved for road, rail and vessel transport)\nsimilarly to a MEGC?\nDo you think that there's any way for the DOT to interpret that a grouping of seamless DOT\nspecification cylinders (longer than 2 m) within a frame can be acknowledged by DOT\ninterpretation to be a bundle of cylinders comprising a MEGC?\nFinally, it is our contention that Multilateral Agreement M299 also shows that ADR allows transit of\nIMDG skids with DOT specification cylinders by its reference to refillable pressure receptacles\napproved by the US Department ofTransportation . I've attached a copy of this agreement.\nSincerely,\nChris Adams\nFIBA\nFrom: Lehman, Victoria (PHMSA) [mailto:vietoria.lehman@dot.gov]\nSent: Wednesday, June 14, 2017 11:29 AM\nTo: Chris Adams\nSubject: Background materials on DOT Tube Trailer and MEGC requirements\nDear Mr. Adams,\nAs discussed, you may be interested in the following references:\nRulema/>>\n\nThe pressure relief device must be arranged to discharge unobstructed to the open air. In addition,\nfor Division 2.1 (flammable gas) material, the pressure relief devices must be arranged to discharge\nupward to prevent any escaping gas from contacting personnel or any adjacent cylinders.\n(3) Cylinders may not be transported by rail in container on freight car (COFC) or trailer on flat\ncar (TOFC) service except under conditions approved by the Associate Administrator for Safety,\nFederal Railroad Administration.\nMEGC Requirements:\n§171.8 Definitions and abbreviations .... Multiple-element gas container or MEGC means assemblies\nof UN cylinders, tubes, or bundles of cylinders interconnected by a manifold and assembled within a\nframework. The term includes all service equipment and structural equipment necessary for the\ntransport of gases.\n§173.312 Requirements for shipment of MEGCs.\n(a) General requirements. (l) Unless otherwise specified, a MEGC is authorized for the shipment of\nliquefied and non-liquefied compressed gases. Each pressure receptacle contained in a MEGC must\nmeet the requirements in §§173.301, 173.301b, 173.302b and 173.304b, as applicable.\n(2) The MEGC must conform to the design, construction, inspection and testing requirements\nprescribed in §178.75 of this subchapter.\n§178.74 Approval of MEGCs.\n§178.75 Specifications for MEGCs .... (d) General design and construction requirements.(3) Each\npressure receptacle of a MEGC must be of the same design type, seamless steel, and constructed\nand tested according to one of the following ISO standards ...\n· §180.217 Reqyalificatjon reqyjrements for MEGCs .... (a) Periodic inspections. Each MEGC must be\ngiven an initial visual inspection and test in accordance with §178.75(i) of this subchapter before\nbeing put into service for the first time. After the initial inspection, a MEGC must be inspected at\nleast once every five years ...\nRespectfu I ly,\nVictoria Lehman\nTransportation Specialist- Regulatory Review & Reinvention (PHH-12)\nU.S. Department of Transportation (U.S. DOT)\nPipeline and Hazardous Materials Safety Administration (PHMSA)\nOffice of Hazardous Materials Safety (OHMS)\n1200 New Jersey Ave., SE\nWashington, D.C. 20590\n(202) 366-91281 yjctorja .lehman@dot.gov I http://phmsa dot goy/hazmat I Follow PHMSA on Twitter\n\n<<>>\n\n=\n=\nI\n11§\nI\n~\nI\n;\n§\n!\ni\n!\nI\ni\nI\nI\nI\n•i\ni\n5\n----~--- -~---\nDepartment for\nTransport\nMULTILATERAL AGREEMENT M299\nUnder paragraph 1.5.1.1 of ADR concerning the carriage of different gases of Class 2 in\nUS Department of Transportation pressure receptacles in relation to 1.1.4.2\nBy derogation from the provisions of 6.2.3.4 (initial inspection and test), 6.2.3.5 (periodic\ninspection and test), 6.2.3.6 (approval of pressure receptacles), 6.2.3.7 (requirements for\nmanufacturers), 6.2.3.8 (requirements for inspection bodies) and 6.2.3.9 (marking of refillable\npressure receptacles) in ADR, gases and liquids listed in the tables of 4.1.4.1 P200 of ADR\nimported in accordance with 1.1.4.2 in refillable pressure receptacles approved by the US\nDepartment of Transportation may be carried from the location of the temporary storage to the\nend-users under the following conditions:\n1. When imported from a non-ADR contracting party, the conformity of the pressure\nreceptacles to this agreement shall be verified and recorded by the consignor. The\nverification record shall be kept for five years to allow for inspection by the competent\nauthority and shall include the identification of the pressure receptacles, the name of the\nperson making the verification and the date.\n2. The pressure receptacles shall be marked and labelled in accordance with Chapter 5.2 of\nADR.\n3. All relevant requirements of ADR with regard to filling ratios and periodic testing frequency\nshall be fulfilled.\n4. When the pressure receptacles are er:npty or when the end-user has no further use for the\ngas, the pressure receptacles shall not be refilled and shall be returned to the country from\nwhich they were imported.\n5. The consignor for the AD_R journey shall include the following entry in the transport\ndocument: ·\n\"Carriage agreed under the terms of multilateral agreement M299\".\nThis multilateral agreement enters into force the date it has been signed by two of the\nContracting Parties. This agreement shall be valid until 1 June 2019 for the carriage on the\nterritories of those ADR Contracting Parties signatory to this agreement. If it is revoked before\nthen by one of the signatories, it shall remain valid until the above mentioned date only for\ncarriage on the territories of those ADR Contracting Parties signatory to this agreement which\nhave not revoked it.\nDone in London on ') L\n~t- rVta'/ 2oio\nThe competent authority for ADR in the United Kingdom\n(lrL\nROHHATHLIA\nHead of Dangerous Goods Division\nDepartment for Transport\nUNITED KINGDOM","truncated":false,"body_characters":24537}