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Interpretation Response #19-0079

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

Interpretation Response Details

Response Publish Date:

Company Name: Entegris, Inc

Individual Name: James McManus

Location State: CT Country: US

View the Interpretation Document

Response text:

December 23, 2019

James V. McManus
Principal Engineer
Entegris Inc.
7 Commerce Drive
Danbury, CT  60810

Reference No. 19-0079

Dear Mr. McManus:

This letter is in response to your June 11, 2019, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to cylinder requalification record retention. Specifically, you indicate that a DOT-3AA 2400 specification cylinder was successfully requalified in accordance with § 180.209(a) and marked in accordance with § 180.213(d). During the 5-year requalification period, it was noted by the cylinder owner that the person who requalified the cylinder was no longer in business and the requalification records, as required in § 180.215(b), can no longer be obtained.

We have paraphrased and answered your questions as follows:

Q1. You ask whether the cylinder can continue to be filled and offered for transportation until the end of its requalification date, as indicated on the cylinder marking.

A1. The answer is yes, unless the cylinder owner knows, or a reasonable person, acting in the circumstances, and exercising reasonable care, would have knowledge that the requalification was improperly completed or one of the conditions in § 180.205(d) has been met since the cylinder's last requalification. Section 180.215(b) requires that the person who performs cylinder requalification maintain daily records of visual inspection, pressure test, and ultrasonic examination if permitted under a special permit, as applicable, until either the expiration of the requalification period or until the cylinder is again requalified, whichever occurs first. The cylinder marking, in accordance with § 180.213, serves as an indication that the cylinder has been successfully requalified and can continue to be used in transportation until subsequent requalification is required.

Q2. You ask whether there is a requirement to ensure continued retention, availability and safeguarding of the requalification records by the company having performed the cylinder requalification, subsequent to the closure of that company.

A2. The answer is yes. The HMR requires a person who performs cylinder requalification to meet the retention requirements in § 180.215(b). If a company closes, the person is still subject to the record retention requirements and would not be in conformance with the HMR if not maintaining the records for the period required. As a customer, one can always request copies of requalification documents at completion of requalification to ensure redundancy of records.

I hope this information is helpful. Please contact us if we can be of further assistance.


Dirk Der Kinderen
Chief, Standards Development
Standards and Rulemaking Division

180.205(d), 180.209(a), 180.213, 180.213(d), 180.215(b),

Regulation Sections

Section Subject
180.205 General requirements for requalification of specification cylinders
180.209 Requirements for requalification of specification cylinders
180.213 Requalification markings
180.215 Reporting and record retention requirements