{"operation":"document","citation":"22-0035","title":"Linde Gas & Equipment Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2022-12-05","effective_on":null,"summary":"22-0035 response to Linde Gas & Equipment Inc. concerning 171.23, 173.301, 173.301b.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0035.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0035.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0035","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/77006/220035.pdf","body":"<<>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nDecember 5, 2022\nMr. Mike Stephens\nManager Distribution Compliance\nLinde Gas & Equipment Inc.\n217 Loren Street\nWashington, IL 61571\nReference No. 22-0035\nDear Mr. Stephens,\nThis letter is in response to your March 29, 2022, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation\nrequirements for dual-marked Department of Transportation (DOT) 3AA and United Nations\nInternational Organization for Standardization (UN ISO) 9809 cylinders that are also pi-marked.\nSpecifically, you state that your company fills and ships dual-marked, pi-marked cylinders,\nwithout pressure relief devices (PRDs), and with the valves protected by steel caps, which are\nsecured to the cylinders. You have included a picture of the steel cap assembly that protects the\nvalve in your email.\nWe have paraphrased and answered your questions as follows:\nQ1. You ask whether pi-marked DOT 3AA/UN ISO 9809 cylinders meet the provisions in\n§ 173.301(f)(5)(iv) in that a PRD is not required on these cylinders for domestic and\nforeign transportation.\nA1. Section 173.301(f)(5)(iv) states that a PRD is not required on a UN pressure receptacle\ntransported in accordance with paragraph (k) or (l) of § 173.301. The reference to\nparagraphs (k) and (l) in § 173.301(f)(5) is incorrect. This appears to have been an\noversight in a previous rulemaking and will be addressed in a future rulemaking. The\nprovisions in § 173.301(k) and (l) are now found in § 171.23(a)(4) and (5). A PRD is not\nrequired on a UN pressure receptacle imported for discharge within a single port area,\nprovided the conditions of § 171.23(a)(4)(i) through (iii) are met, or on a UN pressure\nreceptacle filled with a gas and offered for transportation and transported for export,\nprovided the conditions in § 171.23(a)(5)(i) through (iii) are met. Further,\n\n<<>>\n\n§ 171.23(a)(6) specifies additional conditions for DOT specification and UN cylinders\nnot equipped with PRDs provided they are offered for transportation and transported for\nexport. These exceptions do not apply to cylinders offered for domestic transportation.\nQ2. You ask whether the use of a steel cap conforming to ISO 11117:2008 meets the\nrequirements of § 173.301b(c)(2).\nA2. The answer is yes. In accordance with § 173.301b(c)(2)(ii), a UN pressure receptacle\nmust have its valves protected from damage that could cause inadvertent release of the\ncontents of the UN pressure receptacle by one of the methods listed in paragraphs\n(c)(2)(i) through (vi) of that section. One of the permitted methods listed in paragraph\n(c)(2)(ii) entails equipping the UN pressure receptacle with a valve cap conforming to the\nrequirements in ISO 11117:2008(E) and Technical Corrigendum 1.\nQ3. You ask whether the use of a steel cap referenced in question Q2 is considered a “metal\nattachment,” as stated in § 173.301(k).\nA3. The answer is yes. As stated in § 173.301(k), metal attachments to cylinders must have\nrounded or chamfered corners, or be otherwise protected, to prevent the likelihood of\ncausing puncture or damage to other hazardous materials packages. This requirement\napplies to anything temporarily or permanently attached to the cylinder, such as metal\nskids. The steel cap shown in your picture may meet this requirement.\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<<>>\n\nLarson\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Clarification of 173.301\nDate: Wednesday, April 27, 2022 4:30:18 PM\n22-0035\nHello Alice,\nPlease see the below interpretation request.\nShould you have any questions, do not hesitate to reach out.\nRegards,\n-Breanna\nFrom: Mike R Stephens \nSent: Wednesday, April 6, 2022 4:53 PM\nTo: INFOCNTR (PHMSA) \nCc: Mike R Stephens \nSubject: RE: Clarification of 173.301\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\nFrom: Mike R Stephens\nSent: Tuesday, March 29, 2022 2:26 PM\nTo: PHMSAPortal@dot.gov\nSubject: Clarification of 173.301(f)(5)(iv), 173.301 b(c)(ii) and 173.301 (k)\nTo Whom it May Concern,\nIn accordance with 49 CFR 105.20, I am writing to you seeking guidance\nregarding the below referenced regulations;\nWe fill and ship dual marked DOT 3AA and UN ISO 9809 with Pi marked\ncylinders made in USA containing Compressed Gas UN 3309 and UN 3305\nmixtures. These steel cylinders are not equipped with a PRD and the valve is\nprotected by a steel cap that is secured to the cylinder.\n\n<<>>\n\nWe would like to request an interpretation regarding\n173.301(f)(5)(iv) regarding PRD requirements on dual marked DOT 3AA\nand UN 9809 Pi marked cylinders.\n173.301 b(c)(ii) regarding Pressure receptacle valve protection and\n173.301 (k) regarding the clarification of “Metal Attachments”\nQuestion 1:\nA). Does our dual marked DOT 3AA/ UN ISO 9809 Pi marked steel cylinders\ndescribed above meet the requirement of 173.301(f)(5)(iv) in that no PRD is\nrequired on the cylinder in use for domestic and foreign shipment?\nB). Does the use of a steel cap that conforms to ISO 11117:2008 meet the\nrequirement of 173.301 b (c)(2)?\nC). Is the use of a Cylinder cap on the cylinder considered a “Metal\nAttachment” in 173.301 (k)? (Picture of Cylinder cap device below)\nQuestion 2:\nCan I get an update of DOT SP-6349, tracking number 2021124691?\nQuestion 3:\nCan I get an update on the modification request for DOT SP-14163, tracking\n\n<<>>\n\nnumber 2022024604?\nMike Stephens\nManager Distribution Compliance\nLinde Gas & Equipment Inc.\nMike.R.Stephens@LInde.com\nCell 314-568-6764\nThe information contained in this email and any attachments may be confidential and is provided\nsolely for the use of the intended recipient(s). If you are not the intended recipient, you are hereby\nnotified that any disclosure, distribution, or use of this e-mail, its attachments or any information\ncontained therein is unauthorized and prohibited. If you have received this in error, please contact\nthe sender immediately and delete this e-mail and any attachments. No responsibility is accepted for\nany virus or defect that might arise from opening this e-mail or attachments, whether or not it has\nbeen checked by anti-virus software.","truncated":false,"body_characters":6687}