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Interpretation Response #08-0251 ([Barlen and Associates, Inc.] [Mr. William Barlen])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: Barlen and Associates, Inc.

Individual Name: Mr. William Barlen

Location State: NJ Country: US

View the Interpretation Document

Response text:

October 17, 2008

Mr. William Barlen

Barlen and Associates, Inc.

24 Gettysburg Court

Allentown, NJ 08510

Ref: 08-0251

Dear Mr. Barlen:

This is in reference to your September 14, 2008 letter requesting a clarification of the person who is responsible for complying with the requirements in § 173.301(a)(3) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if a manufacturer"s certification report stating a cylinder has been tested and is being shipped to the customer "leak free" may be used to satisfy the requirements in § 173.301(a)(3).

The answer is no. Paragraph (a)(3) requires pressure relief devices to be tested for leaks before a filled cylinder is shipped from the cylinder filling plant. Therefore, as stated, after a cylinder is filled, it must be tested for leaks before being offered for transportation. The person who offers the cylinder for transportation is responsible for ensuring this requirement has been met. Similarly, before filling a cylinder, the person is required to visually inspect the outside of the cylinder, including the pressure relief device, for damage as prescribed in paragraph (a)(2) of § 173.301. Part 178, Subpart C, requires a cylinder manufacturer, among other requirements, to test all completed cylinders for leakage and to reject any cylinder that leaks. Accordingly, each specified test or inspection must be performed in the manner prescribed by the HMR and with acceptable results.

I trust this adequately addresses your concerns. Please contact us if we can be of further assistance.


Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards



Regulation Sections

Section Subject
173.301 General requirements for shipment of compressed gases and other hazardous materials in cylinders, UN pressure receptacles and spherical pressure vessels