{"operation":"document","citation":"19-0136","title":"National Propane Gas Association — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2020-10-15","effective_on":null,"summary":"19-0136 response to National Propane Gas Association concerning 171.1, 171.7, 172.704, 180.209, 180.215.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0136.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0136.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0136","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/74466/190136.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nOctober 15, 2020\nMs. Sarah J. Reboli\nDeputy Counsel, Regulatory Affairs\nNational Propane Gas Association\n1899 L Street, NW, Suite 350\nWashington, DC 20036\nReference No. 19-0136\nDear Ms. Reboli:\nThis is in response to your December 20, 2019, letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the language contained in the\ncylinder visual inspection requirements found in § 180.209(g). Specifically, you ask three\nquestions concerning Compressed Gas Association (CGA) pamphlets. We have answered your\nquestions in the order you provided.\nQ1. Must the person who performs periodic external visual inspections to requalify U.S.\nDepartment of Transportation (DOT) specification cylinders in conformance with\n§§ 172.704 and 180.209(g) purchase the CGA pamphlets that apply to these inspections?\nA1. A person who performs periodic external visual inspections under § 180.209(g) to\nrequalify DOT specification cylinders is responsible for having the information in the\napplicable CGA pamphlets available, and for performing these inspections as prescribed\nin the version of the pamphlet that has been incorporated by reference in § 171.7. In\n§ 180.215(a)(6), “the information contained in each applicable CGA or ASTM standard\nincorporated by reference in § 171.7” is listed as one of the facility records that a person\nwho requalifies cylinders must maintain where requalification is performed. The HMR\ndo not specify how regulated parties must obtain this information. However, please note\nthat many of the materials incorporated by reference in the HMR are published by private\ndomestic or international technical organizations and associations and may be protected\nby copyright. These organizations may require that their documents be purchased before\nthey may be used.\nQ2. Do §§ 172.704 and 180.209(g) prohibit persons who perform periodic, external visual\ninspections to requalify DOT specification cylinders from using alternative publications\nthat include the information contained in applicable CGA pamphlets?\nA2. Publications that are not prescribed in the HMR do not have official standing within the\nUnited States. It is the responsibility of all persons involved in the safe transportation of\n\n<<<PAGE 2>>>\n\nhazardous materials in commerce to comply with the requirements of the HMR when\nperforming prescribed tasks (see § 171.1). If these individuals choose to use alternative\npublications as guidance to perform these tasks, these individuals are responsible for\nensuring that the information in the publications they use is identical to that prescribed in\nthe HMR. See Answer A1.\nQ3. Must the person who performs periodic, external visual inspections to requalify U.S.\nDOT specification cylinders in conformance with §§ 172.704 and 180.209(g) retain the\nCGA pamphlets that apply to these inspections at the site where they are performed?\nA3. See Answer A1.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nEdmonson\n19-0136\nFrom: INFOCNTR (PHMSA)\nTo: Hazmat Interps\nSubject: FW: Interp on Cylinder Requal Recordkeeping\nDate: Wednesday, December 18, 2019 2:44:34 PM\nAttachments: NPGA Request for LOI.pdf\nHello Alice and Ikeya,\nPlease see attached for letter of interpretation request forwarded from Mr. Kelley\nPlease contact our office with any questions.\nThanks,\nKathryn, HMIC\nFrom: Kelley, Shane (PHMSA)\nSent: Wednesday, December 18, 2019 2:36 PM\nTo: Hazmat Interps <hazmatinterps@dot.gov>\nCc: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Fwd: Interp on Cylinder Requal Recordkeeping\nPlease process the attached request. Thank you!\nFrom: Sarah Reboli <SReboli@npga.org>\nSent: Wednesday, December 18, 2019 11:56:49 AM\nTo: Kelley, Shane (PHMSA) <shane.kelley@dot.gov>\nCc: mcaldarera npga.org <mcaldarera@npga.org>\nSubject: RE: Interp on Cylinder Requal Recordkeeping\nHi Shane,\nI hope you are doing well, and successfully preparing for the holidays!\nPardon the delay in submitting this request for an interpretation letter. We’ve had a few occasions\nof “the urgent superseding the important”.\nPlease don’t hesitate to follow up with any questions.\nThank you,\nSarah\nFrom: Kelley, Shane (PHMSA) <shane.kelley@dot.gov>\nSent: Wednesday, October 9, 2019 7:11 PM\nTo: Sarah Reboli <SReboli@npga.org>\n\n<<<PAGE 4>>>\n\nSubject: Fwd: Interp on Cylinder Requal Recordkeeping\nPer our discussion. We’ll look forward to your letter of clarification request and work to tie the\nresponse to your docket comment as discussed.\nBest\nShane\nFrom: Patrick, Eamonn (PHMSA) <eamonn.patrick@dot.gov>\nSent: Wednesday, October 9, 2019 4:18:02 PM\nTo: Kelley, Shane (PHMSA) <shane.kelley@dot.gov>\nSubject: Interp on Cylinder Requal Recordkeeping\nSee attached\nEamonn Patrick\nTransportation Specialist\nE26-303\nOffice: (202) 366-4410\nCell: (703) 477-5426\n\n<<<PAGE 5>>>\n\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n1200 New Jersey Avenue, SE\nMaterials Safety\nPipeline and Hazardous\nAdministration\nMAR 3 O 2012\nMr. Robert Holley\nSafetech\n1230 Wilson Court\nHumble, TX 77396\nRef. No. 11-0272\nDear Mr. Holley:\nThis responds to your October 28, 2011 request for clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) regarding recordkeeping requirements applicable to\na person who requalifies, repairs, or rebuilds cylinders. Your questions are paraphrased and\nanswered as follows:\nQ1. Is it acceptable to have the latest editions of the required Compressed Gas Association\n(CGA) publications in place of the editions incorporated by reference in § 171.7?\nAl. The answer is yes, if it contains the same applicable information that is in the incorporated\nedition. Section 180.215(a)(6) requires a person who requalifies, repairs, or rebuilds cylinders to\nmaintain the \"information contained in each applicable CGA or [American Society for Testing\nand Materials] (ASTM) standard incorporated by reference in § 171.7 applicable to the\nrequalifier's activities.\" A more recent CGA publication may be used to satisfy this requirement\nprovided the more recent edition contains the same relevant information that is contained in the\nedition incorporated by reference in § 171.7.\nQ2. Should independent inspectors and enforcement inspectors be allowed to demand or suggest\nthat the facility have the latest edition of the required CGA publication(s) if they are not the same\nas the cited edition?\nA2. The answer is no. Unless otherwise specified in a special permit issued by the Pipeline and\nHazardous Materials Safety Administration (PHMSA), the HMR only require a cylinder\nrequalifer to have the information contained in the applicable CGA publications incorporated by\nI hope this answers your inquiry. If you need additional assistance, please contact this office at\n(202) 366-8553.\nSincerely,\nBa Sah\nBen Supko\nActing Chief, Standards Development\nStandards and Rulemaking Division\n\n<<<PAGE 6>>>\n\nExchenlaub\n$171.7\nSAFETECH\nApplicability\nSAFETECH - HOUSTON\n11-0272\n1230 Wilson Court\nCRS# WV1R599K\nHumble, Texas 77396\nOctober 28, 2011\nHattie Mitchell, Chief\nOffice of Hazardous Materials Standards\n400 7\" Street S.W.\nRegulatory Review and Reinvention\nWashington, DC 20590\nSubject: Request for written interpretation on CGA pamphlets under §171.7\nPlease provide a written interpretation on the above referenced subject as it pertains to cylinder re-\nqualifiers.\nIt has now come to my attention that the enforcement group of OHM is asking our facilities to see the\nlatest editions of these pamphlets as well as the cited editions.\nI am requesting a written response to these questions:\neditions in §171.7 if the latest edition is not cited in the edition?\nIs it acceptable to have the latest editions of the required CA pamphiets in place of the cited\n2)\nShould Independent inspectors and enforcement inspectors be allowed to demand or suggest\nthat the facility have the latest edition of the required CGA pamphlets) if they are not the same as the\ncited edition?\nThank you in advance for your attention to this request. I look forward to your reply.\nVp/Quality","truncated":false,"body_characters":8344}