PHMSA Response Letter

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January 05, 2016

Josh Lepinski
Research & Development Engineer
Tyco Fire Protection Products
One Stanton Street
Marinette, WI 54143-2542

Ref. No. 15-0131

Dear Mr. Lepinski:

This responds to your letter dated June 24, 2015 requesting clarification of the cylinder design requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  Specifically, you asked whether the requirement found in § 178.71(d)(2) for valves to conform to International Organization for Standardization (ISO) 10297 applies to the “pressure relief type seal” that your company plans to use in the manufacturing of fire extinguishing systems with United Nations (UN)/ISO 9809-1 cylinders containing compressed nitrogen.

The answer is no.  Upon review of the information that you provided with your request, this Office agrees that the “seal” you plan to use is not a valve.  Therefore, the requirement found in § 178.71(d)(2) for valves to conform to ISO 10297 is not applicable.  Please note that there are not any regulations under the HMR pertaining to cylinder “seals.”  Furthermore, § 173.301b, paragraph (b), states that cylinders containing Division 2.2, permanent gases (e.g., nitrogen) are not required to be equipped with an “individual shutoff valve.”

In addition, in a related e-mail sent to PHMSA, you ask whether the proposed UN/ISO 9809-1 cylinder designs would be in compliance with the HMR.  A cylinder that is designed and manufactured in accordance with the UN/ISO 9809-1 standard, as described in
§§ 178.69 through 178.71, would be in compliance with the HMR provided that the design qualification testing of the cylinder is observed by a DOT-approved Independent Inspection Agency (IIA).  The IIA will also select random samples from the production lot and send them to a laboratory designated by the Associate Administrator for verification testing, as described in § 178.70(f)(4).

You may obtain additional information on the cylinder approvals process from our website at http://www.phmsa.dot.gov/hazmat/regs/sp-a/approvals/cylinders, or by contacting the Pressure Vessels Branch within PHMSA’s Approvals and Permits Division at (202) 366-4512.

If the proposed cylinders are not in compliance with the HMR, you may need to apply for a DOT special permit to use the cylinders described in your request.  To apply, you must submit an application to the Associate Administrator for Hazardous Materials Safety in conformance with the requirements prescribed in 49 CFR Part 107, Subpart B.  In your application, you must provide justification that the packaging you are considering achieves a level of safety that is equal to or greater than that required under the HMR.  You may obtain information on the special permit application process from our website at http://www.phmsa.dot.gov/hazmat/regs/sp-a, or by contacting PHMSA's Approvals and Permits Division at (202) 366-4511.

I hope this answers your inquiry.  If you need additional assistance, please contact this Office again.   

Sincerely,

Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division

178.71(d)(2), 173.301b, 178.70(f)(4)