Interpretation Response #16-0013
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Mr. Jerry Swank
Safety Manager DOT Compliance
Safety Mail Drop5
One Liberty Plaza
Liberty, MO 64068
Dear Mr. Swank:
This responds to your January 18, 2016 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state that Ferrellgas has been issued RIN numbers and authorized to use a durable pressure adhesive label under § 180.213(d)(1) for all of its locations that visually inspect and requalify DOT cylinders. You also attach with your letter a copy of a RIN letter issued to one of your facilities which includes authorization for a variation from the requalification marking requirements contained in § 180.213(d)(1). You also include two photographs of labels for our review. Specifically you ask whether you may change from a pressure adhesive label to a more durable, thicker pressure sensitive label that can be hole-punched to indicate date and year and still be in compliance with the variation from the requalification marking requirements.
Each cylinder successfully passing requalification must be marked in the manner illustrated in § 180.213(d). Upon written request, a variation from the marking requirement may be approved by the Associate Administrator as provided in § 180.213(d)(1). It is the opinion of this Office that the changes in the marking that you describe in your letter do not represent a change in the terms of your approval and would be acceptable.
I hope this information is helpful. Please feel free to contact this Office if we can be of further assistance.
Duane A. Pfund
International Standards Coordinator
Standards and Rulemaking Division