{"operation":"document","citation":"19-0049","title":"Linde Gas North America — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-08-14","effective_on":null,"summary":"19-0049 response to Linde Gas North America concerning 173.302a.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0049.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0049.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0049","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/72061/190049.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nAUG 1 4 2019\nMr. Billy Stover\nHSE Transport Safety and Compliance Manager\nLinde Gas North America\n200 Somerset Blvd.\nSuite 6000\nBridgewater, NJ 08807\nReference No. 19-0049\nDear Mr. Stover:\nThis letter is in response to your April 10, 2019, letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 1 71-180) applicable to filling limits for cylinders.\nSpecifically, you request clarification regarding the use of Department of Transportation (DOT)\n3A and 3AA cylinders for the transport of Deuterium. In your letter, you state that on January\n21, 2016, a final rule was published in the Federal Register (HM-233F; 81 FR 3636) that\nincorporated DOT Special Permit 6530 (SP 6530) which allowed certain 3-series cylinders of\nhydrogen and hydrogen mixtures to be filled to 110 percent of their marked service pressure.\nThis incorporation was added as a new paragraph, § 173 .302a( c ). You also state that because of\nthis revision to the HMR, you believe that it is not necessary to be a party to this SP, mark the SP\nnumber on your trailers, or maintain a copy of the SP on board the trailers and at the fill site.\nWe have paraphrased and answered your questions as follows:\nQ 1. You ask whether the HMR currently allow Deuterium and Deuterium gas mixtures to be\ntransported in DOT 3A and 3AA cylinders and filled to 110 percent of their marked\nservice pressure.\nAl. The answer is no. Deuterium and Deuterium gas mixtures were not included in SP 6530\nuntil December 2, 2015. The HM-233F Notice of Proposed Rulemaking (NPRM) [80 FR\n5340], Section I., Executive Summary, stated that the proposal was based on a review of\nall active special permits as of January 1, 2013. Deuterium and Deuterium gas mixtures\nwere not authorized in SP 6530 as of January 1, 2013, and thus were not considered in\nthe adoption of the SP in the rulemaking. As currently written,§ 173.302a(c) does not\nallow cylinders containing Deuterium or Deuterium gas mixtures to be filled to 110\npercent of their marked service pressure.\nQ2. You ask why Deuterium and Deuterium gas mixtures are included in SP 6530 but not\nincluded in the current HMR.\nA2. Please see answer Al.\n\n<<<PAGE 2>>>\n\nQ3. A3. Provided the HMR do not authorize Deuterium and Deuterium gas mixtures to be filled\nto 110 percent of their marked service pressure, you ask whether you may utilize the 10\npercent overfill allowance.\nAs currently written,§ 173.302a(c) does not authorize cylinders of Deuterium and\nDeuterium gas mixtures to be filled to 110 percent of their marked service pressure.\nHowever, SP 6530, to which your company appears to be a party, continues to be active\nand allows this overfill. Therefore, provided you continue to comply with the terms and\nconditions of the SP, you may overfill the specified cylinders to 110 percent of their\nmarked service pressure.\nI hope this information is helpful. Please contact us if we 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\nMaking our world more productive\n~~\n~ /05, 20\nI 9 -ooq'f\n200 Somerset Blvd.\nSuite 6000\nBridgewater, 08807, USA\nPhone: 770-367-4465\ne-mail: billy.stover@linde .com\nApril I 0, 2019\nOffice of Hazardous Materials Standards\nPipeline and Hazardous Materials Safety Administration, Attn: PHH-IO U.S. Department of\nTransportation, East Building\n1200 New Jersey Avenue, SE.\nWashington, DC 20590-0001\nIJI IMSAPipelinesa lety@do l. gov\nRequest for Interpretation\nDear Sir or Madame,\nLinde Gas North America (Linde) is requesting interpretation and guidance regarding the use\nof DOT 3A and 3AA for the transport of Deuterium.\nBackground\nDeuterium is an isotope of Hydrogen and is filled into 3A and 3AA cylinders with less than\n1251 b water capacity as permitted by 49 CFR 173.301.\n49 CFR l 80.209(b )(l) permits the requalification of such cylinders for a period of ten years if\nthe requirements of l 80.209(b )( l )(ii) are met. This subparagraph allows the filling of\nhydrogen into such cylinders tested at ten-year intervals.\nRegulations incorporated on January 21, 2016, into 49 CFR § 173 .302a( c ), now allow certain,\n3-Series cylinders and tubes to be filled with hydrogen to 10% over their marked service\npressure. The new DOT regulations have incorporated into the CFR the same cylinder and\npressure relief device requirements that had been part of long-time DOT special permit, DOT-\nSP 6530. Due to this incorporation of safety control measures and special provisions in DOT-\nSP 6530, it is no longer necessary to be party to this special permit, mark it on your tube\ntrailers and maintain a copy of the permit on board the trailer and at your fill site.\nA review oflnterpretation No: 13-0092 DOT-SP-6530 permit authorized the transport of\nhydrogen and mixtures of hydrogen. Deuterium and mixtures of deuterium were authorized in\nthe revision prior to incorporating into the CFR. https://www.ph111sa.do1.gov/approvals-and-\nper111its/haz111at/fi le-serve/offer/SP6530.pdf/20 I 4 I 20204/SP6530\n\n<<<PAGE 4>>>\n\nMaking our world more productive\nQuestion 1\nSince Deuterium and Deuterium gas mixes were included in Special Permit 6530, would it be\nalso allowed by the updated regulations?\nQuestion 2\nWhy weren't Deuterium and Deuterium mixes included in the updated regulations but\nallowed in special permit 6530?\nQuestion 3\nIf the gas and mixtures were not included due to an oversite, how can we currently apply the\n10% overfill to cylinders with these gas mixtures?\nA written response at your earliest convenience is appreciated.\nSincerely,\nBilly Stover\nHSE Transport Safety & Compliance Manager\nLinde Gas North America\nMobile: +01 770 367-4465","truncated":false,"body_characters":5857}