Interpretation Response #01-0087 ([University of Michigan] [Mr. Curt W. Smitka])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: University of Michigan
Individual Name: Mr. Curt W. Smitka
Location State: MI Country: US
View the Interpretation Document
Response text:
JUN 21, 2001
Mr. Curt W. Smitka Reference No.: 01-0087
University of Michigan
2334 Delaware
Ann Arbor, Michigan 48103
Dear Mr. Smitka:
This is in response to your September 20, 2000 letter concerning the periodic requalification requirements in 49 CFR 173 .34(e). You asked whether a person who is not a US DOT authorized cylinder retester has DOT authorization to condemn a DOT authorized cylinder without an owner's consent.
The answer is no. Section 173.34 (e)(2) specifically states: "No person may mark a cylinder with a test date or retester identification number, or otherwise represent that a DOT specification or exemption cylinder has been retested under this section, unless that person holds a current retester identification number issued by the Associate Administrator for Hazardous Material Safety and operates in compliance with the terms of the retester identification number issuance letter."
I hope this information is helpful.
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
173.34(e)