{"operation":"document","citation":"CHI-87-003","title":"Lawrence W. Bierlein, P.C. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1987-03-02","effective_on":null,"summary":"CHI-87-003 response to Lawrence W. Bierlein, P.C. concerning 173.301.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-chi-87-003.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-chi-87-003.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-chi-87-003","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Hazmat/ChiefCounsel/CHI-87-003.pdf","body":"<<<PAGE 1>>>\n\nPily file\nDEPARTMENT OF TRANSPORTATION\nRESBARCH AND SPECIAL PROGRAMS ADMINISTRATION\nInt. No. 87-2-RSPA\n¿ INTERPRETATION\nSOURCE: Mark Smarts, Esq.\nAmeabury, MA 01913\nFACT&: Section 173.301 prescribes the general requirements for shipping\nwith a compressed gas must not be shipped unless it mas charged by or with the\ncompressed gas cylindera. Paragraph (b) of S 173.301 states: \"A container charged\nconsent of the owner of the container.\" Mr. Smartz has tro questions: 1) Is the\nconsent of the owner necessary if the cylinder is not offered and accepted for\nproof) to establish the ornership of a cylinder.\ntransportation (Le., shipped), 2) Is there any specifle roquired method (l.e,, written\nINTERPRETATION: Under S 173.301(b), there is no prohibition against charging &\ncylinder without the consent of the owner of the cylinder, provided the charged\ncylinder is not offered for transportation in commerce. Therefore, if a person who\noffers a cylinder for transportation is also the person who charged it, the question\nof whether that person may be held accountable in a particular case depends on\nwhether he obtained the permission of the cylinder owner to charge the cylinder.\nIl, for example, the refiller who offered the container for transportation received\nit from the owner, then permission to fill the container can be inferred under\nhe offers a container for transportation that he received from a peraon who he\n$ 173.301(b). Homever, the refiller may be held accountable under S 173.301(b) if\n\"nowg\" is not the owner of the cylinder. Applying the definition of \"knomledge\" in\n49 CFR S 107.299, a person has the requisite knowledge when he actually knows or\nshould have known that an individual does not own a container. Written proof of\nperson who offers the cylinder for transportation should have sufficient \"objective\"\nownership is not required. To insulate oneself from liability under S 173.301(b), the\nfacts to establish that a particular person owned the container.\neorge W.fenley, Ji\nChief Counsel\nResearch and Special\nPrograms Administration\nISSUED:\nMAR - 2 1S57\nalimozzle: 1111-11-278:02\nTAA-469-266km9.1l6)\nCG.GLHI-Bm3400\n\n<<<PAGE 2>>>\n\nnterpretation 87-2-RSPA: ABSTRACT\nUnder $ 173.301(b), it is acceptable to refill a container without the consent of\nthe owner, provided the refilled container is not oflered and accepted for\ntransportation in commerce. Homever, il the reflller also ships the container\nlability under S 173.301(b) may occur. If the transporting refiller received the\ncontainer from an individual representing himself as the owner and the refiller has\n\"knowledge\" (as defined in 49 CPR S 107.299) such individual is the owner of the\ncontainer, then permission to fill the container is granted under S 173.301(b). Yet,\nthe individual who refills and offers the container for transportation may be held\naccountable under S 173.301(o) if the container was transferred by a person who he\n\"knows\" is not the owner of the container. Written proof of ownership is not\nrequired.\n-\n- -\n\n<<<PAGE 3>>>\n\n•\nInterpretation 87-2-R&PA: SECTIONS AFFECTED\n49 CPR 107.299\n49 CFR 173.901\n49 CFR 173.301(b)\n•.\n\n<<<PAGE 4>>>\n\n•\nInterpretation 87-2-RSPA:REY WORDS\nCharging\n•\nCompressed Gas\n:\nCylinders\n:.\nOwner's Consent\nKnowledge\nRefilling\n=\n=","truncated":false,"body_characters":3276}