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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #21-0097

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

Interpretation Response Details

Response Publish Date:

Company Name: East Bay Law

Individual Name: Andrew W. Shalaby

Location State: CA Country: US

View the Interpretation Document

Response text:

June 23, 2022

Mr. Andrew W. Shalaby
East Bay Law
7525 Leviston Avenue
El Cerrito, CA  94530-3306

Reference No. 21-0097

Dear Mr. Shalaby:

This letter is in response to your September 22, 2021, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to brazed seams on Department of Transportation (DOT) specification 39 (DOT 39) non-reusable (non-refillable) cylinders. We apologize for the delay in responding and hope it has not caused any inconvenience. In your letter, you state that you are an expert witness attempting to identify the likely reason for several failures of non-refillable tall torch cylinders produced by a U.S. manufacturer and provide photos and videos of the damaged cylinders. You ask whether the photos and videos linked in your letter illustrate a brazed seam of a DOT 39 cylinder that does not meet the requirements set forth in § 178.65(c)(2)(iii).

Under § 178.65(c)(2)(iii), "Brazed seams must be assembled with proper fit to ensure complete penetration of the brazing material throughout the brazed joint." PHMSA cannot determine whether a violation of this standard exists based solely on photographic evidence.

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


Regulation Sections

Section Subject
178.65 Specification 39 non-reusable (non-refillable) cylinders