Interpretation Response #01-0215 ([Pacific Scientific] [Mr. Rajiv Rajpurkar])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Pacific Scientific
Individual Name: Mr. Rajiv Rajpurkar
Location State: CA Country: US
View the Interpretation Document
Response text:
November 30, 2001
Mr. Rajiv Rajpurkar Reference No. 01-0215
Pacific Scientific
HTL/Kin-Tech Division
1800 Highland Avenue
Duarte, CA 91 01 0
Dear Mr. Rajpurkar:
This responds to your August 16, 2001 letter regarding the cylinder retests requirements in accordance with the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You asked if an exemption cylinder (DOT-E-8561) can be offered for transportation, after the three years from the date of manufacture and/or last hydrostatic tests, if it has not been re-pressurized.
Sections 173.34(e)(1)(ii) and 173.301(c) specify that a cylinder past its test date may not be charged or filled with a hazardous material and transported in commerce unless that cylinder has been inspected and retested. The non-specification cylinder under exemption DOT-E-8561 containing oxygen, compressed for which the retest date has become due need not be emptied to meet a testing schedule. The charged cylinder may remain in service, and may be transported in commerce in compliance with the HMR. However, if the cylinder has been emptied, it may not be charged and refilled and offered for transportation in commerce until it has been properly inspected and retested in accordance with § 173.34(e).
I hope this satisfies your inquiry. If we can be of further assistance, please contact us.
Sincerely,
Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials Standards
173.34