Interpretation Response #12-0244 ([Airgas SAFECOR] [Mr. John Anderson])

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

Interpretation Response Details

Response Publish Date: 02/20/2013

Company Name: Airgas SAFECOR

Individual Name: Mr. John Anderson

Location State: WY Country: US

View the Interpretation Document

Response text:

February 20, 2013

Mr. John Anderson
Airgas SAFECOR
P.O. Box 20067
Cheyenne, WY 82003

Reference No. 12-0244

Dear Mr. Anderson:

This is in response to your October 29, 2012 e-mail requesting clarification applicable to a previous letter of interpretation dated June 5, 2006 pertaining to markings on cylinders under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).

Q1.      In your e-mail, you ask if the Pipeline and Hazardous Materials Safety Administration (PHMSA) can confirm the validity of a letter of interpretation (06-0093) that specifies that a cylinder owner may stamp a star on a cylinder after it has been manufactured.

A1.      The letter of interpretation you cited (06-0093) is accurate.  A cylinder owner may mark a star on the cylinder if it complies with the provisions of § 180.209(b), and consent of the testing agency that performed the most recent test is obtained. 

Q2.      You also ask if the filler of the cylinder is not the owner, is the filler required to obtain and/or maintain any documentation that the cylinder qualifies for the star marking.

A2.      The filler of the cylinder who is not the owner is not required to have documentation showing that the cylinder qualifies for the star stamp.  Rather, recordkeeping requirements apply to the requalifier of the cylinder, who must retain records in accordance with §§ 180.209(a) and 180.215.  However, there are additional provisions that apply to the filler.  If the filler of the cylinder with a star marking is not the owner, the cylinder could only be filled with a hazardous material with the consent of the cylinder owner as required by § 173.301(e).  Additionally, a cylinder cannot be filled and offered in transportation unless it was requalified and marked as required by the HMR, as stated in§ 180.205(c).  So although, there is no documentation or records requirement under the HMR in such a scenario for the filler, if the filler of the cylinder is concerned about the validity of the star marking on a cylinder, PHMSA recommends that the filler request documentation from the cylinder owner verifying that the cylinder qualifies for the star stamp in accordance with § 180.209(b).

I hope this satisfies your request.

Sincerely,

T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

180.209

Regulation Sections