Interpretation Response #99-0068 ([BWX Technologies, Inc.] [Mr. John Krueger])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: BWX Technologies, Inc.
Individual Name: Mr. John Krueger
Location State: OH Country: US
View the Interpretation Document
Response text:
APR 8, 1999
Mr. John Krueger Ref. No. 99-0068
Manager, Waste Management
BWX Technologies, Inc.
1 Mound Road
Miamisburg, Ohio45343
Dear Mr. Krueger:
This responds to your letter of March 10, 1999, concerning requirements for shipping cylinders containing nonflammable compressed gases under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether you may ship charged cylinders that are beyond their retest dates.
You state that at a Department of Energy site you discovered nine cylinders containing krypton, helium, and neon. The cylinders were marked ICC 4BA 240, DOT 4BW 240, or ICC 3A 2015. Pressures in the cylinders range from 9 to 205 psig. The retest dates on all the cylinders have expired. You ask if the cylinders with the ICC marking may be shipped under the HMR, and if all of the cylinders may be shipped even though their retest dates have passed.
Division 2.2 materials (nonflammable, nonpoisonous compressed gases) are defined in §'173.115(b) of the HMR. For purposes of the HMR, a Division 2.2 material is one that: (1) exerts in its packaging an absolute pressure of 280 kPa (40.6 psia) or greater at 200C (680F); and (2) does not meet the definition for Division 2.1 (flammable gas) or 2.3 (gas poisonous by inhalation) material. A nonflammable, nonpoisonous compressed gas that does not exert an absolute pressure of at least 280 kPa in its packaging is not a Division 2.2 material and is not subject to the requirements of the HMR.
Section 173.23 of the HMR permits use of a packaging with a specification marking prefix of "ICC" instead of "DOT" if the packaging otherwise conforms to applicable specification requirements. In addition, as you note in your letter, § 173.34(b) permits use of a cylinder that was in domestic use previous to the date on which the specific cylinder specification was adopted in the HMR provided the cylinder complies with the requirements applicable to the gas with which it is charged. Provided these conditions are met, a cylinder with a specification marking prefix of "ICC" may be used to ship Division 2.2 materials under the HMR.
Sections 173.34(e) and 173.301(c) of the HMR state that a cylinder past its test date may not be charged or filled with a hazardous material and transportation in commerce unless that cylinder has been inspected and retested. A DOT specification cylinder containing a hazardous material need not be emptied to meet a testing schedule. The charged cylinder may remain in service, and it may be transported in commerce in compliance with the HMR. However, after the cylinder has been emptied, it may not be charged and refilled and offered for transportation until it has been properly inspected and retested in accordance with § 173.34(e).
I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.
Sincerely,
Thomas G. Allan
Senior Transportation Regulations Specialist
Office of Hazardous Materials Standards
173.34