Interpretation Response #14-0123 ([Guerrilla Air/ Tiberius Arms] [Mr. Gio Islas])

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

Interpretation Response Details

Response Publish Date: 11/03/2014

Company Name: Guerrilla Air/ Tiberius Arms

Individual Name: Mr. Gio Islas

Location State: IN Country: US

View the Interpretation Document

Response text:

November 3, 2014

Mr. Gio Islas
Guerrilla Air/Tiberius Arms
2717 West Ferguson Road
Fort Wayne, IN 46809

Ref. No.: 14-0123

Dear Mr. Islas

This is in response to your recent e-mail to the Pipeline and Hazardous Materials Safety Administration (PHMSA) Hazardous Materials Information Center requesting clarification on how to properly handle and fill United Nations (UN) International Organization for Standardization (ISO) Standard 11119-2 carbon fiber composite cylinders with a steel liner under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if PHMSA can explain the handling and filling requirements this cylinder must comply with under the HMR.

You state your company imports these ISO cylinders into the United States and some of your customers use them when scuba diving. You also state some of your customers reported they have difficulty getting these cylinders refilled because some workers at refill facilities state they are not familiar with these cylinders. In addition, you state your customers report cylinder refillers state they will refill your customers' cylinders only if they are marked with a Department of Transportation Special Permit (DOT-SP) or Competent Authority (CA) number. Further, you included a photograph of the following markings on a UN ISO Standard 11119-2 carbon fiber cylinder:

A cylinder designed and constructed in conformance with the applicable requirements prescribed in 49 CFR 178.70, 178.71(a) and 178.71(l) for an ISO Standard 11119-2 is a UN standard fibre-reinforced, composite gas cylinder with a load sharing metal liner. Cylinders that are fully in conformance with ISO 11119-2 do not require a DOT-SP or CA Approval. To certify that these cylinders are an authorized UN standard packaging, manufacturers mark them in conformance with § 178.71(p), (q), and (r). The mark you provided complies with this requirement, except we note that it does not appear to include the "UW" mark prescribed in §§ 173.301b(g), 178.71(l)(2) and (p)(18) for composite cylinders certified to ISO-11119-2 intended for underwater use. Customers who intend to use these types of cylinders for underwater use should be made aware of this requirement. An ISO Standard 11119-2 cylinder that varies from this design is not an authorized packaging in the United States until its variations are reviewed and approved by PHMSA's Associate Administrator for Hazardous Materials Safety in the form of a DOT-SP or CA. The cylinder must be marked with the DOT-SP or CA number if the DOT-SP or CA requires that it be marked with that number; otherwise, the marking of that number is not required. In addition, the HMR require ISO Standard 11119-2 cylinders to be refilled in conformance with §§ 173.301, 173.301b, 173.304b; and periodically retested in conformance with § 180.205.

I hope this satisfies your request.

Sincerely,

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

178.70, 178.71(a), 178.71(l), 178.71(p), (q), and (r), 173.301b(g), 178.71(l)(2) and (p)(18), 173.301, 173.301b, 173.304b, 180.205

Regulation Sections