{"operation":"document","citation":"18-0042","title":"Defense Logistics Agency Aviation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-02-25","effective_on":null,"summary":"18-0042 response to Defense Logistics Agency Aviation concerning 171.2.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0042.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0042.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0042","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/70596/180042.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPlpellne and Hazardous\nMaterial• Safety\nAdmlnletratlon\n1200 New Jersey Avenue, SE\nWashington, DC 20590.\nFEB 2 5 2019\nMr. David R. Carns\nDirector, Aviation Engineering\nDefense Logistics Agency Aviation\n8000 Jefferson Davis Highway\nRichmond, VA 23297-5002\nReference No. 18-0042\nDear Mr. Carns:\nThis letter is in response to your February 15, 2018, letter requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the use of\nU.S. Department of Transportation Special Permit (DOT-SP) 10945. You explain that DLA\nAviation, a Major Subordinate Command of the Defense Logistics Agency (DLA), the\nU.S. Department of Defense's (DOD) Combat Logistics Support Agency, procures a pneumatic\naccumulator subject to DOT-SP 10945. The pneumatic accumulator is a non-DOT specification\nfully wrapped carbon fiber reinforced aluminum lined cylinder authorized for the transportation\nof certain Division 2.1 and 2.2 gases in commerce. The cylinders are shipped in an empty state\nto the point of installation on DOD aircraft, and at no time will they be offered for transportation\nor transported in a filled condition.\nWe have paraphrased and answered your questions as follows:\nQl. You ask if the cylinders described in your scenario are subject to the requalification and\nservice life limitations prescribed in DOT-SP 10945.\nAl. The answer is yes. As prescribed in § 171.2(g), no person may represent, mark, or offer a\npackaging as meeting the requirements of a special permit unless the packaging is\nmaintained, marked, and retested in accordance with the applicable requirements of the\nspecial permit. Because the cylinders are represented as meeting the requirements of\nDOT-SP 10945, they must be maintained in accordance with the special permit as limited\nbytheHMR.\nQ2. You ask if a cylinder is subject to the requalification tests as prescribed in DOT-SP\n10945 regardless of whether the cylinder has been placed in service for its end-use\napplication.\nA2. The answer is yes. Cylinders retested after July 1, 2001, must be reinspected and\nhydrostatically retested at least once every 5 years from the date of the original\n\n<<<PAGE 2>>>\n\nQ3. A3. Q4. A4. manufacturing tests and 5 years thereafter regardless of whether the cylinder was in\nservice or otherwise.\nYou ask if the 5-year retest \"clock\" begins on the cylinder date of manufacture\n(i.e., original test date) or installation in its end-use platform (i.e., aircraft).\nThe 5-year retest requirement is based on the original.test date.\nParagraph 7.d.(l) of the special permit states that cylinders manufactured under DOT-SP\n10945 are not authorized for use 15 years after the date of manufacture. For a cylinder\nthat is unused ( e.g., in storage) or is in an empty state for an extended period, you ask if it\nis permissible to account for the time in such a way that it extends the service life of the\ncylinder beyond the 15 years as prescribed in the special permit.\nThe answer is no. Under DOT-SP 10945, the service life is limited to 15 years from the\ndate of the original testing performed in the manufacturing process and is marked on the\ncylinder.\nI hope this information is helpful. Please contact us ifwe can be of further assistance.\nSincerely,\n~~~~-\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nDEFENSE LOGISTICS AGENCY\nAVIATION\n8000 JEFFERSON DAVIS HIGHWAY\nRICHMOND, VIRGINIA 23297-5002\nMEMORANDUM FOR U.S. DEPARTMENT OF TRANSPORTATION, PIPELINE AND\nHAZARDOUS MATERIALS SAFETY ADMINISTRATION, 1200 NEW JERSEY A VENUE,\nWASHINGTON, DC, 20590\nSUBJECT: Request for Interpretation/Guidance Proper to DOT SP-10945\nDLA Aviation, a Major Subordinate Command (MSC) of the Defense Logistics Agency\n(DLA), DoD's Combat Logistics Support Agency, procures a Pneumatic Accumulator (identified\nby National Stock Number (NSN*) 1650-01-428-4430) that is subject to DOT's SP-10945\n(attached).\nIn addition to its procurement, we also store and distribute/deliver - when requisitioned -\nthe cited asset in an empty state to our Air Force (AF) customers for use on the B-2 Stealth·\nBomber.\nIn no instance will this non-DOT specification fully wrapped carbon fiber reinforced\naluminum lined cylinder be utilized to transport in commerce the materials (paragraph 6)\nauthorized by this special permit. Rather a cylinder serves its function on the aircraft on which it\nis installed until it is emptied, and then removed.\nUpon asset receipt, and as operational needs require, the AF customer installs the asset on\nthe said platform with the expectation that the installed asset will operate normally for 20+ years\nof continuous service with no deficiencies.\nThe asset functions/operates as a pneumatic accumulator in conjunction with the\nbomber's Auxiliary Power Unit (APU), and is charged/serviced with compressed air at the time\nofinstallatiorvservicing on the aircraft. The accumulator's content (i.e., compressed air) is\ntransferred to the APU when it becomes necessary to initiate the motors contained therein, and\nthen after the motors are operational, the compressed air is returned back to the accumulator.\nParagraph 7.c of SP-10945 requires that \"Cylinders retested after July 1, 2001 must be\nre-inspected and hydrostatically retested at least once every five years.\nWe have several questions with respect to the periodic re-inspection and hydrostatic\ntesting as well as the \"life-span\" (15 years) of this asset in light of the requirements of the cited\n. SP. Furthermore, we anticipate instances in which we will have assets in depot storage-\navailable for distribution to AF and use by this requisitioner - whose procurement, as well as\nrequalification date, would reflect a \"residence in storage\" exceeding 5 years, with the asset\nnever having been placed into operational use.\n\n<<<PAGE 4>>>\n\n(a). Is a cylinder subject to re-inspection and hydrostatic retesting at least once\nevery five years irrespective of whether it has been utilized or not for its end-item application?\n(b ). Is a cylinder under this circumstance still subject to the re-inspection and\nhydrostatic testing in its fifth year?\n(c). Or, should the \"5 year clock\" begin at the time of the asset's installation\nserving on the aircraft?\n(d). In light of the scenario presented in a.1.(b) above with the potential for the 15\nyear \"life span\" to be exceeded, is use of the asset beyond the 15 year life-span allowed\nor not?\n( e ). In short, is the total life of this cylinder type, whether utilized or not, 15\nyears?\n(f). Or is it 15+ years, if one includes both its service use time as well as the time\nspent in an unused (i.e., storage) and empty state?\nWe request DOT's guidance with respect to our queries so that DLA's Aviation\nAcquisition Team, as well as our AF customer, can establish the appropriate internal protocols\n(i.e., tracking, requalification, marking, etc.) in light ofDOT's interpretation/guidance.\nPOC for this action: Mr. Terrence Boardm ,- 04-279-6929/Terrence.boardman@dla.rnil\nDAVID R. CARNS\nDirector, Aviation Engineering\nDLA Aviation\nAttachment\n*NSN is a 13 digit number, The Government uses a Natioal Stock Number (NSN) that\nconsists of sub-groups that identify the Federal Supply Groups (FSG) , Federal Supply\nClasses (FSC), NATO Country Code, National Item Identification Number NIIN) and the\nserial number of the product.\n\n<<<PAGE 5>>>\n\nJanuary 19, 2017\n0\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety Administration\nEast Building, PHH·30\n1200 New Jersey Avenue S.E.\nWashington. D.C. 20590\nDOT-SP 10945\n{TWENTY-SEVENTH REVISION)\nEXPIRATION DATE: 2020-12-31\n{FOR RENEWAL, SEE 49 CFR 107.109)\n1.\nGRANTEE: Structural Composites Industries\nPomona, CA\n2. PURPOSE AND LIMITATIONS:\na. This special permit authorizes the manufacture,\nmarking, sale, and use of non-DOT specification fully\nwrapped carbon fiber reinforced aluminum lined cylinders for\nthe transportation in commerce of the materials authorized\nby this special permit. This special permit provides no\nrelief from the Hazardous Materials Regulations {HMR) other\nthan as specifically stated herein. The most recent\nrevision supersedes all previous revisions.\nb. The safety analyses performed in development of this\nspecial permit only considered the hazards and risks\nassociated with transportation in commerce.\n3.\nREGULATORY SYSTEM AFFECTED: 49 CFR Parts 106, 107 and 171-\n180.\n4. REGULATIONS FROM WHICH EXEMPTED: 49 CFR §§ 172.203{a) and\n172.301{c) in that the marking requirements are waived and\n§§ 173.302a(a) (1), 173.304a{a) (1), and 180.205 in that non-\nspecification cylinders are not authorized, except as\nspecified herein.\n5. BASIS: This special permit is based on the application of\nStructural Composites Industries (SCI) dated January 9,\n2017, submitted in accordance with§ 107.109.\n\n<<<PAGE 6>>>\n\nContinuation of DOT-SP 10945 (27 th Rev.)\n6. HAZARDOUS MATERIALS (49 CFR § 172.101):\nPage 2\nJanuary 19, 2017\nHazardous Materials Description\nProper Shipping Name Hazard Identi- Packing\nClass/ fication Group\nDivision Number\nAir, compressed (containing up 2.2 UN1002 N/A\nto 39% by volume oxygen content)\nArgon, compressed 2.2 UN1006 N/A\nBromotrifluoromethane or 2.2 UN1009 N/A\nRefrigerant Gas, R 13B1\nCarbon dioxide 2.2 UN1013 N/A\nChlorodifluorobromethane or 2.2 UN1974 N/A\nRefrigerant Gas, R 12B1\nCompressed gas, n.o.s. 2.2 UN1956 N/A\nHelium, compressed 2.2 UN1046 N/A\nHeptafluoropropane oi: 2.2 UN3296 N/A\nRefrigerant Gas R 227\nHydrogen, compressed 2.1 UN1049 N/A\nMethane, compressed or Natural 2.1 UN1971 N/A\ngas, compressed (with high\nmethane content)\nNitrogen, compressed 2.2 UN1066 N/A\nNitrous oxide 2.2 UN1070 N/A\nOxygen, compressed 2.2 UN1072 N/A\n\n<<<PAGE 7>>>\n\nContinuation of DOT-SP 10945 (27th Rev.)\nPage 3\nJanuary 19, 2017\n7. SAFETY CONTROL MEASURES:\na. PACKAGING - Prescribed packaging is a fully wrapped\ncarbon-fiber reinforced aluminum lined cylinder made in\nconformance with the Basic .Requirements for Fully Wrapped\nCarbon-Fiber Reinforced Aluminum Lined Cylinders (DOT-CFFC\nFifth Revision), dated March 2007, except as follows:\nAdditional layers of glass fiber may be added to a cylinder\nto provide added damage protection. Prior to applying an\nadditional glass fiber layer to a cylinder, each cylinder of\neach lot must meet the DOT-CFFC standard specified above\nincluding all of the lot production tests and inspections.\nThe load sharing of the glass fiber layer may not exceed\n15% .. Substitution of glass fiber for carbon fiber is not\nauthorized.\nb. DESIGN QUALIFICATION - Cylinders 10 feet in length or\ngreater shall be subjected to the bonfire test as prescribed\nin CFFC-l0(h), except that the cylinders shall be placed in\na horizontal position.\nc. TESTING - Cylinders retested prior to July 1, 2001 must\nbe retested within 36 months of the retest date marked on\nthe cylinder. Cylinders retested after July 1, 2001 must be\nreinspected and hydrostatically retested at least once every\nfive years. Testing must be performed in accordance with\n§ 180.205, tested to 5/3 of the marked service pressure and\nthe latest edition of CGA pamphlet C-6.2 \"Guidelines for\nVisual Inspection and Re-qualification of Fiber Reinforced\nHigh Pressure Cylinders\", except as specifically noted\nherein:\n(1) Cylinders must be volumetrically tested by the\nwater jacket method suitable for the determination of\nthe cylinder expansion for a minimum test time of one\nminute.\n(2) A maximum permanent expansion to total expansion\nratio does not apply. The cylinder must be condemned\nif the elastic expansion exceeds the rejection elastic\nexpansion (REE) as marked on the cylinder.\n(3) Retest markings must be applied on a label\nsecurely affixed to the cylinder and overcoated with\nepoxy, near the original test date. Metal stamping of\nthe composite surface is prohibited. Reheat treatment\nof rejected cylinders is not authorized.\n\n<<<PAGE 8>>>\n\nContinuation of DOT-SP 10945 (27 th Rev.) Page 4\nJanuary 19, 2017\n(4) Cylinders with fiber damage (cuts, abrasions,\netc.) that exceed Level 1 type damage as defined in CGA\nPamphlet C-6.2 and meet the following depth and length\ncriteria are considered to have Level 2 damage:\n(i) Depth - Damage that upon visual inspection is\nseen to penetrate the outer fiberglass layer but\ndoes not expose the carbon layer beneath, or that\nhas a measured depth of greater than 0.005 inches\nand less than 0.045 inches for cylinders with an\noutside diameter greater than 7.5 inches or less\nthan 0.035 inches for cylinders 7.5 inches or less\nin outside diameter;\n(ii) Length - Damage that has a maximum allowable\nlength of:\nRegion Direction of fiber Maximum 1ength of\ndamage damage\nCylinder\nand domes\nsidewall Transverse to fiber 20% of the length of\ndirection the straight\n(longitudinal sidewall section of\ndirection) the cylinder\nCylinder\nand domes\nsidewall In the direction of 20% of the length of\nthe fiber the straight\n(circumferential sidewall section of\ndirection) the cylinder\n(5) Cylinders with damage that meet the Level 2\ncriteria must be rejected. Retesters must contact the\ncylinder manufacturer in the event that damage is\nquestionable based on this criteria. Repair of\nrejected cylinders is authorized for Level 2 type\ndamage. Repairs must be made in accordance with CGA\npamphlet C-6.2, prior to the hydrostatic pressure test.\nRepairs must be evaluated after the hydrostatic test.\n(6) Cylinders that have direct fiber damage that\npenetrates through the outer fiberglass layer and into\nthe carbon layer, or that have a measured damage depth\nof greater than the Level 2 maximum stated in (5) (a)\nabove are considered to have Level 3 type damage .\nCylinders that have damage with depth meeting Level 2,\nbut length exceeding the Level 2 maximum are considered\n\n<<<PAGE 9>>>\n\nContinuation of DOT-SP 10945 (27 th Rev.) Page 5\nJanuary 19, 2017\nto have Level 3 type damage. Cylinders with Level 3\ntype damage are not authorized to be repaired, and must\nbe condemned.\n(7) A hydrostatic retest may be repeated as provided\nfor in§ 180.205(g), only two such retests are\npermitted. Pressurization prior to the official\nhydrostatic test for the purpose of a systems check\nmust not exceed 85% of the required test pressure.\nd. OPERATIONAL CONTROLS -\n(1) Cylinders manufactured under this special permit\nare not authorized for use fifteen (15) years after the\ndate of manufacture.\n(2) Cylinders may not be used for underwater breathing\npurposes.\n(3) Cylinders used in oxygen service must conform with\n§ 173.302(b) (1)-(4). Cylinders used in nitrous oxide\nservice must conform with§ 173.304a(a) (4).\n(4) A cylinder that has been subjected to fire may not\nbe returned to servi~e.\n(5) Transportation of flammable gases is not\nauthorized aboard passenger-carrying aircraft or\npassenger vessel.\n(6) Transportation of oxygen and oxidizing gases by\naircraft must meet the pressure relief device and outer\npackaging requirements specified in 173.302(f) and\n173.304(f) and is only authorized when in accordance\nwith§ 175.501.\n(7) Cylinders must be packaged in accordance with\n§ 173.301 (a) (9).\n8. SPECIAL PROVISIONS:\na. In accordance with the provisions of Paragraph (b) of\n§ 173.22a, persons may use the packaging authorized by this\nspecial permit for the transportation of the hazardous\nmaterials specified in paragraph 6, only in conformance with\nthe terms of this special permit.\n\n<<<PAGE 10>>>\n\nContinuation of DOT-SP 10945 (27 th Rev.) Page 6\nJanuary 19, 2017\nb. A person who is not a holder of this special permit,\nbut receives a package covered by this special permit, may\nreoffer it for transportation provided no modifications or\nchanges are made ~o the package and it is offered for\ntransportation in conformance with this special permit and\nthe HMR.\nc. A current copy of this special permit must be\nmaintained at each facility where the package is offered or\nreoffered for transportation.\nd. A current copy of this special permit must be\nmaintained at each facility where the package is\nmanufactured under this special permit. It must be made\navailable to a DOT\nrepresentative upon request.\ne. Each packaging manufactured under the authority of this\nspecial permit must be either (1) marked with the name of\nthe manufacturer and location (city and state) of the\nfacility at which it is manufactured or (2) marked with a\nregistration symbol designated for a specific manufacturing\nfacility.\nf. The cylinders described in this special permit are\nauthorized only for normal transportation as an article of\ncommerce i.e., the movement of hazardous materials packages\nfrom consignor to consignee.\ng. When transported by cargo vessel, flammable gases\ncovered by this special permit must be packed within a\nclosed freight container of steel construction.\n9. MODES OF TRANSPORTATION AUTHORIZED: Motor vehicle, rail\nfreight, cargo vessel, passenger vessel, cargo aircraft and\npassenger-carrying aircraft (see paragraph 7. (c) (5) and (6)\nfor restrictions).\n10. MODAL REQUIREMENTS:\na. A current copy of this special permit must be carried\naboard each cargo vessel, passenger vess~l or aircraft used\nto transport packages- covered by this special permit.\nb. The shipper must furnish a current copy of this special\npermit to the air carrier before or at the time the shipment\nis tendered.\n\n<<<PAGE 11>>>\n\nContinuation of DOT-SP 10945 (27 th Rev.) Page 7\nJanuary 19, 2017\n11. COMPLIANCE: Failure by a person to comply with any of the\nfollowing may result in suspension or revocation of this\nspecial permit and penalties prescribed by the Federal\nhazardous materi~ls transportation law, 49 U.S.C. 5101 et\n~=\no All terms and conditions prescribed in this special\npermit and the Hazardous Materials Regulations, 49 CFR\nParts 171-180.\no Persons operating under the terms of this special\npermit must comply with the security plan requirement\nin Subpart I of Part 172 of the HMR, when applicable.\no Registration required by§ 107.601 et seq., when\napplicable.\nEach \"Hazmat employee\", as defined in§ 171.8, who performs\na function subject to this special permit must receive\ntraining on the requirements and conditions of this special\npermit in addition to the training required by§§ 172.700\nthrough 172.704.\nNo person may use or apply this special permit, including\ndisplay of its number, when this special permit has expired\nor is otherwise no longer in effect.\nUnder Title VII of the Safe, Accountable, Flexible,\nEfficient Transportation Equity Act: A Legacy for Users\n(SAFETEA-LU) - 'The Hazardous Materials Safety and Security\nReauthorization Act of 2005' (Pub. L. 109-59), 119 Stat.\n1144 (August 10, 2005), amended the Federal hazardous\nmaterials transportation law by changing the term\n\"exemption\" to \"special permit\" and authorizes a special\npermit to be granted up to two years for new special permits\nand up to four years for renewals.\n12. REPORTING REQUIREMENTS: Shipments or operations conducted\nunder this special permit are subject to the Hazardous\nMaterials Incident Reporting requirements specified in 49\nCFR §§ 171.15 - Immediate notice of certain hazardous\nmaterials incidents, and 171.16 ~ Detailed hazardous\n\n<<<PAGE 12>>>\n\nContinuation of DOT-SP 10945 ( 27 th Rev.) Page 8\nJanuary 19, 2017\nmaterials incident reports. In addition, the grantee(s) of\nthis special permit must notify the Associate Administrator\nfor Hazardous Materials Safety, in writing, of any incident\ninvolving a package, shipment or operation conducted under\nterms of this special permit.\nIssued in Washington, D.C.:\nc :---·u-4? :Bc::r-\nfor William Schoonover\nAssociate Administrator for Hazardous Materials Safety\nAddress all inquiries to: Associate Administrator for Hazardous\nMaterials Safety, Pipeline and Hazardous Materials Safety\nAdministration, U.S. Department of Transportation, East Building\nPHH-30, 1200 New Jersey Avenue, Southeast, Washington, D.C.\n20590.\nCopies of this special permit may be obtained by accessing the\nHazardous Materials Safety Homepage at\nhttp://hazmat.dot.gov/sp app/special permits/spec perm index.htm\nPhoto reproductions and legible reductions of this special permit\nare permitted. Any alteration of this special permit is\nprohibited.\nPO: Andrew Eckenrode","truncated":false,"body_characters":20167}