Interpretation Response #19-0136
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
October 15, 2020
Ms. Sarah J. Reboli
Deputy Counsel, Regulatory Affairs
National Propane Gas Association
1899 L Street, NW, Suite 350
Washington, DC 20036
Reference No. 19-0136
Dear Ms. Reboli:
This is in response to your December 20, 2019, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the language contained in the cylinder visual inspection requirements found in § 180.209(g). Specifically, you ask three questions concerning Compressed Gas Association (CGA) pamphlets. We have answered your questions in the order you provided.
Q1. Must the person who performs periodic external visual inspections to requalify U.S. Department of Transportation (DOT) specification cylinders in conformance with §§ 172.704 and 180.209(g) purchase the CGA pamphlets that apply to these inspections?
A1. A person who performs periodic external visual inspections under § 180.209(g) to requalify DOT specification cylinders is responsible for having the information in the applicable CGA pamphlets available, and for performing these inspections as prescribed in the version of the pamphlet that has been incorporated by reference in § 171.7. In § 180.215(a)(6), "the information contained in each applicable CGA or ASTM standard incorporated by reference in § 171.7" is listed as one of the facility records that a person who requalifies cylinders must maintain where requalification is performed. The HMR do not specify how regulated parties must obtain this information. However, please note that many of the materials incorporated by reference in the HMR are published by private domestic or international technical organizations and associations and may be protected by copyright. These organizations may require that their documents be purchased before they may be used.
Q2. Do §§ 172.704 and 180.209(g) prohibit persons who perform periodic, external visual inspections to requalify DOT specification cylinders from using alternative publications that include the information contained in applicable CGA pamphlets?
A2. Publications that are not prescribed in the HMR do not have official standing within the United States. It is the responsibility of all persons involved in the safe transportation of hazardous materials in commerce to comply with the requirements of the HMR when performing prescribed tasks (see § 171.1). If these individuals choose to use alternative publications as guidance to perform these tasks, these individuals are responsible for ensuring that the information in the publications they use is identical to that prescribed in the HMR. See Answer A1.
Q3. Must the person who performs periodic, external visual inspections to requalify U.S. DOT specification cylinders in conformance with §§ 172.704 and 180.209(g) retain the CGA pamphlets that apply to these inspections at the site where they are performed?
A3. See Answer A1.
I hope this information is helpful. Please contact us if we can be of further assistance.
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
171.1, 172.704, 180.209(g), 171.7, 180.215(a)(6)
|§ 180.215||Reporting and record retention requirements|