PHMSA letter of interpretation

Applicability of HMR to Cylinders

Pipeline and Hazardous Materials Safety Administration · Dec 31, 1996 · Reference No. 96-0146

PHMSA says to use caution with this letter. On August 8, 2002, RSPA finalized Docket HM-220D, which consolidated the requirements for qualification, use, and maintenance of cylinders in Part 180, Subpart C. As a result, the references provided in this guidance are no longer accurate. Please see Part 180, Subpart C for the current requirements for the qualification, use, and maintenance of cylinders. Although not all references to requirements previously codified in § 173.34 have parallel requirements in Part 180, Subpart C, you may wish to review § 180 Subpart G for additional information.

This is in response to your letter of September 30, 1996 regarding DOT specification cylinders which are used as fuel storage containers at rural homes and small businesses. Specifically you ask whether these cylinders are subject to the provisions of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as they pertain to cylinder requalification for continued service.

Your understanding is correct. DOT specification cylinders are not required to comply with the HMR when used as permanently installed fuel containers and not used to transport cargo in commerce.

A letter of interpretation applies the regulations to the facts the requester described. It isn’t a regulation and isn’t legal advice. The agency’s copy.