Interpretation Response #11-0220 ([Foster Fuels, Inc.] [Mr. John George])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Foster Fuels, Inc.
Individual Name: Mr. John George
Location State: VA Country: US
View the Interpretation Document
Response text:
November 3, 2011
Mr. John George
Foster Fuels, Inc.
P.O. Box 190
Brookneal, VA 24528
Reference No.: 11-0220
Dear Mr. George:
This responds to your email requesting clarification of Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the marking requirements for Department of Transportation (DOT) specification cylinders. Specifically, you ask if the Retester Identification Number (RIN) must be marked on DOT specification cylinders that have been given an external visual inspection in accordance with § 180.209(g) if the cylinders are used exclusively on private property and are not offered for transportation
Cylinders that are filled and used exclusively on private property and are not offered for transportation in commerce are not directly regulated under the HMR. However, these cylinders are subject to the Occupation Safety and Health Administration (OSHA) Standards. In accordance with OSHA standard 29 CFR § 1910.101, each employer shall determine that compressed gas cylinders under their control are in a safe condition to the extent that this can be determined by visual inspection conducted in accordance with HMR, specifically 49 CFR § 180.205. Paragraph (b) of § 180.205, specifies that no person may mark a cylinder to represent that it meets a DOT specification unless all applicable requirements of 49 CFR Subpart C of Part 180 have been met. A cylinder that is marked to certify that it conforms to HMR requirements must be maintained in accordance with applicable specification requirements in the HMR whether or not it is in transportation in commerce. This includes the marking of the RIN on DOT specification cylinders meeting the requirements specified in § 180.209(g). If the owner of the DOT specification cylinder wishes to continue to use the cylinder but does not wish to re-qualify the cylinder as a specification cylinder and mark the RIN to denote compliance with § 180.209(g), the owner must obliterate or cover any specification markings whether or not it is being used to transport hazardous materials in commerce.
I hope this satisfies your inquiry. Please contact us if we can be of further assistance.
Sincerely,
Charles E Betts
Director,
Standards and Rulemaking Division
180.209, 180.205