{"operation":"document","citation":"22-0027","title":"Entegris, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2022-09-14","effective_on":null,"summary":"22-0027 response to Entegris, Inc. concerning 178.35.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0027.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0027.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0027","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/76806/220027.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nSeptember 14, 2022\nMr. James V. McManus\nSenior Principal Engineer\nEntegris, Inc.\n7 Commerce Drive\nDanbury, CT 06810\nReference No. 22-0027\nDear Mr. McManus:\nThis letter is in response to your March 17, 2022, letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the responsibilities of an\ninspector of Department of Transportation (DOT) specification cylinders. Specifically, you seek\nclarification regarding inspections of DOT-3AA cylinders performed in accordance with\n§ 178.35(c) of the HMR by an Independent Inspection Agency (IIA), and whether an inspector\nmust verify the markings required by § 178.35(f) on 100% of the cylinders listed in the\nInspector’s report. You state that § 178.35(c) specifies that the inspector shall determine that\neach cylinder made is in conformance with the applicable specification. You further state that it\nis your understanding that the marking requirements in § 178.35(f) are part of the specification\nfor DOT-3AA cylinders. Lastly, you state that in your experience as an inspector, you visually\nverify all marking requirements for 100% of all finished cylinders.\nWe have paraphrased and answered your questions as follows:\nQ1. You ask whether an IIA’s inspector is required to verify that markings comply with\n§ 178.35(f) for each finished DOT-3AA cylinder listed by serial number on the\nInspector's report.\nA1. The answer is yes. In accordance with § 178.35(c), it is the duty of the inspector to\ndetermine that each cylinder made is in conformance with the applicable specification.\nInspections shall conform to Compressed Gas Association (CGA) Pamphlet C-11,\nPractices for Inspection of Compressed Gas Cylinders at Time of Manufacture.\nParagraph 5.2.12 in CGA C-11 states that “the inspector shall verify that the required\nmarkings have been applied to finished cylinders and are in accordance with applicable\nregulations.\n”\n\n<<<PAGE 2>>>\n\nQ2. You ask whether the word “verify” means that the inspector must visually inspect each\ncylinder listed on the inspector's report to ensure the markings comply with § 178.35(f) of\nthe HMR.\nA2. The answer is no. CGA C-11 states in Section 1 that “witnessing” implies a physical\npresence, whereas “verifying” usually involves gaining information without physical\npresence by examining records or statements of other persons in whom trust has been\nplaced. Further, in paragraph 3.2.10 of CGA C-11, the word “verify” is defined as\nfollows: “to confirm either by examination, evidence, testimony, research, demonstration,\nor comparison.”\nQ3. You ask whether it is the intent of the HMR to ensure that the markings on 100% of the\ncylinders are verified by the IIA’s inspector.\nA3. The answer is yes.\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\nLarson\nFrom: INFOCNTR (PHMSA)\nTo: Hazmat Interps\nSubject: FW: Request for Interpretation\nDate: Wednesday, April 13, 2022 4:06:34 PM\nAttachments: image001.png\nimage002.png\nEntegris Request for Interpretation 49 CFR §178.35 (c).pdf\n22-0027\nHello Hazmat Interps,\nAttached is a request for interpretation.\nThanks,\nJonathon, HMIC\nFrom: Jim McManus <Jim.McManus@entegris.com>\nSent: Friday, March 18, 2022 10:08 AM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: RE: Request for Interpretation\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open\nattachments unless you recognize the sender and know the content is safe.\nHello,\nI just noted the file I sent to PHMSA yesterday had an incorrect file name.\nThe content of the file remains the same:\nThe letter seeks an interpretation of 49 CFR 178.35 (c) not 180.205 (c).\nRegards,\nJim\nFrom: Jim McManus\nSent: Thursday, March 17, 2022 4:08 PM\nTo: infocntr@dot.gov\nSubject: Request for Interpretation\nGood day,\nPursuant to 49 CFR § 105.20, this letter is being submitted by e-mail to PHMSA to request an\ninterpretation of the Hazard Materials Regulations pertaining to the duties of an inspector who\ninspects DOT specification cylinders.\nRegards,\nJim\n\n<<<PAGE 4>>>\n\nJim McManus\nSr. Principal Engineer\nDangerous Goods Safety Advisor (DGSA)\nM 203-482-1606\nT 203-207-9307\nE jim.mcmanus@entegris.com\n7 Commerce Drive\nDanbury, CT 06810 USA\nCONFIDENTIALITY NOTICE: The contents of this email message and any attachments are intended solely for the addressee(s) and\nmay contain confidential and/or privileged information and may be legally protected from disclosure. If you are not the intended\nrecipient of this message or their agent, or if this message has been addressed to you in error, please immediately alert the sender\nby reply email and then delete this message and any attachments. If you are not the intended recipient, you are hereby notified that\nany use, dissemination, copying, or storage of this message or its attachments is strictly prohibited.\nENTEGRIS PROPRIETARY AND CONFIDENTIAL – INTERNAL\n\n<<<PAGE 5>>>\n\nSpecialty Gas and Engineered Materials\n7 Commerce Drive\nDanbury, CT 06810\n800.766.2681 Toll-Free\n203.794.1100 Direct\n203.792.8040 Facsimile\nwww.entegris.com\nMarch 17, 2022\nStandards and Rulemaking Division\nPipeline and Hazardous Materials Safety Administration, Attn: PHH-10\nU.S. Department of Transportation\nEast Building\n1200 New Jersey Avenue, SE\nWashington, DC 20590-0001\ninfocntr@dot.gov\nRe: Request for Interpretation\nDear Sir or Madame:\nPursuant to 49 CFR § 105.20, this letter is being submitted by e-mail to PHMSA to request an\ninterpretation of the Hazard Materials Regulations pertaining to the duties of an inspector who\ninspects DOT specification cylinders.\nBackground\nThis request for interpretation involves the requirements for inspections and verifications\nperformed by an Independent Inspection Agency who conducts these duties for DOT-3AA\ncylinders in accordance with 49 CFR § 178.35 (c).\nSpecifically, this request for interpretation seeks to clarify if the inspector must verify the\nmarkings required by § 178.35 (f) on 100% of the cylinders listed in the Inspector’s report.\n49 CFR § 178.35 (c) states that the inspector shall determine that each cylinder made is in\nconformance with the applicable specification.\nThe specification for DOT-3AA cylinders is codified in 49 CFR § 178.37. Interpretation of 49 CFR\n§ 178.37 infers that a DOT-3AA cylinder must conform to both § 178.37 and § 178.35 − General\nrequirements for specification cylinders.\n§ 178.35 (f) includes the marking requirements for DOT specification cylinders. The necessary\nmarkings include the DOT specification, service pressure, serial number, symbol of\nmanufacturer, inspectors mark and date of test.\nIt follows then that the marking requirements of § 178.35 (f) are interpreted to be part of the\nspecification for DOT-3AA cylinders.\nAdditionally, § 178.35 (c)(1) states that for seamless cylinders, inspections shall conform to\nsection 5 of CGA C-11 (IBR, see § 171.7 of this subchapter) except as otherwise specified in the\napplicable specification.\nCGA C-11 section 5 states the following regarding verification of markings for seamless\ncylinders:\n\n<<<PAGE 6>>>\n\nCGA C-11 − 5.1 Duties of certifying inspector\nThe certifying inspector shall ensure that the following duties are performed in accordance with\nthe individual DOT/TC/UN specification under which the cylinders are being manufactured:\nUnder bullet 11\n- verify required markings, …….\nMy experience with inspecting and verifying markings on cylinders is as follows:\n1. I visually verify that all required DOT markings are present and in the location specified\nby § 178.35 (f). I do this by comparing the as marked cylinder vs. the approved\nstamping layout drawing for the cylinder.\n2. I visually verify the markings are stamped on the shoulder, top head, or neck.\n3. I verify the markings are stamped plainly, permanently and are legible.\n4. Using a suitable measurement device or gage, I verify the markings are the proper size\n(0.25” or as size permits).\n5. I verify any other markings are made in low stress areas other than the side wall and are\nnot of a size and depth that will create harmful stress concentrations. These marks may\nnot conflict with any DOT required markings.\n6. I would do this for each finished cylinder; that is 100% inspection.\nQuestions:\nBased on the above background information, Entegris has the following questions:\n1. Does the Independent Inspection Agency’s inspector have to verify that for each\nfinished DOT-3AA cylinder listed by serial number on the Inspector's report, the\nmarkings are in compliance with § 178.35 (f)?\n2. Does “verify” mean that the inspector has to visually inspect each cylinder listed on the\nInspector's report to ensure the markings are in compliance? (This question assumes the\nonly method to verify markings would be for a human being to visually inspect the\nmarkings).\n3. Is the intent of the regulations to ensure that the markings on 100% of the cylinders are\nverified by the Independent Inspection Agency’s inspector?\nEntegris greatly appreciates PHMSA’s attention to this matter and looks forward to a response\nthat further clarifies our understanding of the hazardous materials regulations.\nShould PHMSA require additional details to process this interpretation, please contact me using\nthe information listed below.\nSincerely,\nJames (Jim) V. McManus\nEntegris, Inc.\nSr. Principal Engineer\nM 203-482-1606\njim.mcmanus@entegris.com","truncated":false,"body_characters":9685}