Interpretation Response #10-0259 ([Airgas SAFECOR.] [Mr. Jon Anderson])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Airgas SAFECOR.
Individual Name: Mr. Jon Anderson
Location State: WY Country: US
View the Interpretation Document
Response text:
March 24, 2011
Mr. Jon Anderson
Airgas SAFECOR
P.O. Box 20067
Cheyenne, WY 82003
Reference No: 10-0259
Dear Mr. Anderson.
This responds to your email regarding the requirements for the use and requalification of Transport Canada (TC) and Canadian Transport Commission (CTC) specification cylinders under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your questions are paraphrased and answered as follows.
Q1. Can a cylinder only stamped "CTC" be used and filled in the United States?
A1. The answer is yes. A United States-based facility is permitted to refill and use a cylinder marked as meeting a CTC specification provided they comply with the applicable requirements specified in § 171.12. In accordance with § 171.12(a)(4) when the provisions of Subchapter C of the HMR require that a DOT specification or a UN pressure receptacle must be used for a hazardous material, a packaging authorized by Transport Canada"s Transportation of Dangerous Goods (TDG) Regulations may be used only if it corresponds to the DOT specification or UN standard authorized by this subchapter.
Q2. Would a United States-based facility with a valid DOT RIN be permitted to requalify a CTC specification cylinder in the United States and apply DOT RIN markings?
A2. The answer is yes, § 171.12(d)(4)(ii)(B) states a CTC specification cylinder manufactured, originally marked and approved in accordance with the CTC regulations and in full conformance with the Transport Canada TDG Regulations may be used in the United States if the cylinder has been requalified under a program authorized by the Transport Canada TDG Regulations or requalified in accordance with the requirements in § 180.205 within the prescribed requalification period provided for the corresponding DOT specification. In accordance with § 180.205(b), no person may mark a cylinder with a RIN and a requalification date or otherwise represent that a DOT specification cylinder has been requalified unless all applicable requirements of subpart C of part 180 have been met. This requirement is specific only to DOT specification cylinder requalification and is not applicable to CTC specification cylinders used in the United States under § 171.12(d)(4). Therefore a person holding valid DOT RIN would be permitted to requalify a CTC specification cylinder in the United States and apply DOT RIN markings provided all other requirements of § 180.205 are met.
Q3. Can a cylinder only stamped "TC" be used and filled in the United States?
A3. The answer is no. Currently, cylinders only stamped "TC" are not authorized by the HMR to be used and filled in the United States.
Q4. Would a United States-based facility with a valid RIN be permitted to requalify a TC specification cylinder in the United States and apply DOT RIN markings?
A4. See A3.
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
171.12, 180.205, 171.12(d)(4)