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Interpretation Response #22-0130

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

Interpretation Response Details

Response Publish Date: 07-12-2023
Company Name: American Cylinder and Safety    Individual Name: Myles Leland TenBroeck
Location state: TX    Country: US

View the Interpretation Document

Response text:

July 12, 2023

Myles Leland TenBroeck
American Cylinder and Safety
P.O. Box 126
Iowa Park TX  76367

Reference No. 22-0130

Dear Mr. TenBroeck:

This letter is in response to your December 7, 2022, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the use of cylinders manufactured in accordance with a U.S. Department of Transportation (DOT) Special Permit (SP).

We have paraphrased and answered your questions as follows:

Q1: You ask whether a cylinder manufactured under a DOT SP may continue to be requalified, filled, or used after the SP has expired.

A1: The answer is no. A cylinder manufactured under the terms of a DOT SP cannot be requalified, filled, or used after the SP has expired.

Q2: You ask whether all cylinders previously manufactured under the terms of the now-expired SP must be condemned if the SP is not renewed.

A2: The answer is no. The HMR does not require that a cylinder manufactured prior to the expiration date of the SP to be condemned if the SP is not renewed prior to the expiration date. Furthermore, if a SP is renewed after the expiration date, then the cylinders could then be requalified, filled, or used again under the terms of the renewed SP. The requirements for the renewal of a SP can be found in 49 CFR 107.109.

Q3: You ask what document references removing cylinders from service when a SP expires.

A3: All SP's typically contain language stating that "No person may use or apply this special permit, including display of its number, when this special permit has expired or is otherwise no longer in effect."

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
§ 107.109 Application for renewal