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Interpretation Response #14-0139 ([Linde Gas North] [Mr. Guy Dalton])

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

Interpretation Response Details

Response Publish Date:

Company Name: Linde Gas North

Individual Name: Mr. Guy Dalton

Location State: OH Country: US

View the Interpretation Document

Response text:

November 21, 2014

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

Ref. No. 14-0139

Dear Mr. Dalton:

This is in response to your July 15, 2014 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the requirements for transporting foreign cylinders for export under § 171.23(a)(4).  Your questions are paraphrased and answered as follows:

Q1. If a foreign manufactured cylinder was initially shipped for export from the United States under the conditions of § 171.23(a)(4), may the cylinder containing a residual gas be returned to the facility where it was previously filled in the United States for the purpose of refilling the cylinder?

A1. The answer is no.  Section 171.23(a)(4) allows transportation of a cylinder not manufactured, inspected, tested, and marked in accordance with part 178 of the HMR, or a cylinder manufactured to other than a UN standard, DOT specification, or special permit to be filled with a gas in the United States and transported for export or for use on board a vessel under certain conditions.  The shipment you describe contains the residue of a hazardous material and is not being transported solely for export or use on a vessel.  Therefore, it does not meet the requirements of § 171.23(a)(4) and must conform to the requirements of   § 171.23(a)(2) to be shipped within the United States.  However, if the foreign made cylinder meets the provisions of § 173.29(b) as an empty packaging, then the cylinder no longer contains a hazardous material and is not subject to any other requirements of the HMR.  

Q2. May the same foreign manufactured cylinders containing a residual gas be transported from one fill plant to another as long as no modification to the cylinder or product are made under § 171.23(a)(4)?

A2. The answer is no.  Transportation between facilities over public roads for the purposes of filling the cylinder is not considered export or use on a vessel.  Therefore, the cylinders must either be approved in accordance with the HMR or meet the provisions of § 173.29(b) as an empty packaging.

I hope this satisfies your request.

Sincerely,

T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
171.23(a)(4), 171.23(a)(2), 173.29(b)

 

Regulation Sections

Section Subject
171.23 Requirements for specific materials and packagings transported under the ICAO Technical Instructions, IMDG Code, Transport Canada TDG Regulations, or the IAEA Regulations
171.23 Requirements for specific materials and packagings transported under the ICAO Technical Instructions, IMDG Code, Transport Canada TDG Regulations, or the IAEA Regulations
173.29 Empty packagings