Interpretation Response #08-0135 ([Safety & Compliance Associates, Inc.] [Mike Lopez, JD])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Safety & Compliance Associates, Inc.
Individual Name: Mike Lopez, JD
Location State: AL Country: US
View the Interpretation Document
Response text:
September 8, 2008
Mike Lopez, JD
President
Safety & Compliance Associates, Inc.
P.O. Box 48
Trussville, AL 35173
Ref. No.: 08-0135
Dear Mr. Lopez:
This is in response to your April 21, 2008 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to marking cylinders. Your questions are paraphrased and answered below.
Q1. Section 180.209(b)(3) requires the "star" marking following the most recent test date to be obliterated if the cylinder is not in compliance with § 180.209(b)(1)(ii). If a cylinder with a "star" marking is filled while remaining in a cluster, bank, group, rack, or vehicle, but conforms with all other provisions of § 180.209(b), is the "star" marking allowed to remain on the cylinder?
A1. Yes, the "star" may remain on the cylinder. However, by not removing the cylinder from the cluster, bank, etc., prior to each refilling as required by paragraphs (b)(1) introductory text and (b)(1)(iii) in § 180.209, the cylinder no longer qualifies for the extended ten-year requalification period. We plan to address the provisions in paragraph (b) in a future rulemaking action.
Q2. Section 180.209(b)(3) requires the "star" marking, following the most recent test date on a cylinder that is no longer filled with the applicable gas in paragraph (b)(1)(ii), to be obliterated. May this be done by a person not holding a retester identification number if a retest is not required?
A2. Yes.
Q3. If the cylinder in Q2 is required to be requalified, is it acceptable to leave the "star" marking on the cylinder and not add a "star" marking following the new retest date?
A3. Yes.
Q4. Section 173.302a(b) does not contain a similar provision to obliterate "plus" markings. Therefore, if a DOT 3AA cylinder in nitrogen service that has both a "star" and "plus" marking is converted to carbon dioxide service before the expiration of the retest period, is the "star" marking required to be obliterated, while the "plus" marking remains?
A4. Yes. However, if the gas is liquefied carbon dioxide, the cylinder may not be overfilled in accordance with § 173.302a(b).
I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
180.209, 173.302a(b)