Interpretation Response #11-0297

Interpretation Response Details

March 14, 2012

Mr. Guy Dalton           
Head of Transport Compliance/Safety
Linde Gas North America, LLC
130 Briar Hill
Painesville, OH 44077

Ref. No. 11-0297

Dear Mr. Dalton:

This responds to your December 2, 2011 letter requesting clarification of marking requirements for foreign-made UN cylinders under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). 

Your questions are paraphrased and answered as follows:

Q1.  Does equal treatment of U.S.-made specification cylinders by a foreign competent authority eliminate the requirement that a foreign-made UN cylinder must be approved in accordance with the HMR?

A1.  No.  With regard to use of cylinders, except for Canadian-made cylinders authorized under Transport Canada"s Transportation of Dangerous Goods Regulations (see § 171.12(a)(4)) and foreign-made cylinders under conditional use in port areas or for export (see § 171.23(a)(3)), foreign-made UN cylinders are not authorized for transportation to, from, or within the United States unless approved under the HMR (see §§ 178.69 thru 178.71) and marked "USA" as the country of approval (§ 171.23(a)(2)(iv)).

Q2.  May a foreign-made UN cylinder be imported into the U.S. that only has the stamp marking of the country of manufacture?

A2.  No.  A UN cylinder must also be marked with the country of approval whether the U.S., the country of manufacture, or another competent authority.  As noted in A1, except under certain authorized conditions, cylinders must be approved in accordance with the requirements of the HMR and display the "USA" marking.

Q3.  If a foreign-made UN cylinder does not conform to the marking of § 178.71(p)(3), what mechanism should be used to document equal treatment other than the cylinder stamp marking?

A3.  Your question relates to § 173.24(d) regarding the use of UN standard packagings (e.g., UN cylinders) manufactured outside the United States.  Section 173.24(d)(2) authorizes the use of these packagings under conditions and limitations including recognition (equal treatment) of UN standard packagings manufactured in the U.S. by the competent authority of the country of manufacture.  There is no documentation requirement associated with § 173.24(d)(2).  These provisions neither negate nor supersede the requirements of the HMR for the approval and transport of foreign-made UN cylinders. 

I hope this answers your inquiry.  If you need additional assistance, please contact this Office at (202) 366-8553.

Sincerely,

Ben Supko
Acting Chief, Standards Development Branch
Standards and Rulemaking Division

171.12(a)(4), 171.23(a)(3), 174.24

Regulation Sections