Interpretation Response #12-0118
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
August 15, 2012
Ms. Patricia Burns
100 Haskins Road
Bowling Green, OH 43402
Ref. No.: 12-0118
Dear Ms. Burns:
This is in response to your letter requesting clarification of requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transport of non-DOT specification cylinders filled with a compressed gas and transported in a port area. Specifically you ask if you can receive bromotrifluoromethane in non-DOT specification cylinders and subsequently transport the cylinders and transfer the bromotrifluoromethane to a DOT specification cylinder prior to leaving the port area in accordance with the provisions of § 171.25(d).
The answer is no, § 171.25(d) does not apply to the activities you describe, as it only authorizes the transportation of non-DOT specification cylinders, not the discharge of their contents. Conversely, § 171.23(a)(3) applies to transportation of imported cylinders for discharge within a single port area. In accordance with § 171.23(a)(3), imported non-DOT specification cylinders may be transported within a single port area and discharged if: (1) the Associate Administrator grants an approval for this activity; (2) the cylinders are certified as conforming with the transportation regulations of another country; (3) they are transported within a closed freight container; (4) the importer certifies that they provide an equivalent level of safety as comparable DOT specification cylinders; and (5) the cylinders are not refilled for export except in compliance with § 171.23(a)(4).
An application for an approval should contain a description of what is requested, operational and quality controls, packaging authorizations, and any other documentation sufficient to support the application. You may review complete requirements regarding approvals in §§ 107.701-107.717.
I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.
Chief, Standards Development
Standards and Rulemaking Division
|§ 171.23||Requirements for specific materials and packagings transported under the ICAO Technical Instructions, IMDG Code, Transport Canada TDG Regulations, or the IAEA Regulations|