An excellent point, and one that's been debated for years until guidance was
developed to address this very issue.

As you say - as long as that cylinder is in your glider and you don't
deplete the oxygen, you are not "transporting" for the purposes of the 180
rules, but when you take the cylinder to your local refiller, he may not
refill it (180.205) unless it's been tested per the rule.

No big deal for you, but this has caused a change of heart for those who
have cylinders that remain charged, rarely used (e.g. fire bottles) and only
come off for a weight check or hydro. As long as they aren't transported or
refilled or Part 121 or 135, (it's gets sticky here, so we shall not tread)
they need not be hydro-tested.

Since glider oxygen bottles get deplenished and replenished regularly, the
rule will cause you to comply with the hydro testing requirements. If you
never use the oxygen and bottle remains in your glider and you do not remove
it - it may remain installed.

To quote from the beloved FAA Order 8300.10:

(6) Cylinders may remain in service without the required periodic
retesting, reinspection, and marking as prescribed in 49 CFR § 180.205 if
they meet the criteria in paragraphs 3D(1), (2), (3), and (4) and have not
been discharged.

HBAW 02-01 is he http://www.faa.gov/AVR/AFS/HBAW/HBAW0201B.RTF

Rules, rules, rules...

Nice catch there Michael!

Jim



"Michael McNulty" wrote in message
news:%ow0c.22507$aZ3.15552@fed1read04...
I've wondered about this in the past. The cited regulations deal with
packaging for transporting hazardous material in the course of commercial
interstate commerce. I would contend that when I fly with an oxygen tank
I
am no more "transporting" oxygen than I am transporting my main wheel
tire.
Do these regs really legally apply to gliders or other private aircraft?

Mind you, I'm not advocating ignoring the recertification times listed (I
have mine done), and I know that most FBO's won't fill a cylinder that is
out of date.


"Jim Phoenix" wrote in message
...
Here ya go:

http://www.access.gpo.gov/nara/cfr/w...9cfrv2_03.html

180.205 and 180. 209 are the ones you're looking for. 180.209 is the
chapter
with the number of years between hydro. There were some recent changes
to
180.205, but not that you'd notice, bottom line on .205 is you have to
have
the cylinder hydro'd prior to re-filling.

Jim

"Frank Smith" wrote in message
link.net...
I know it is out there someplace but I cannot find it, I always
thought
it
was a DOT thing.
Anybody have the official link to where the cylinder testing intervals
are
defined?

Fly safe, have fun,
Frank

to reduce SPAM my return address has been slightly altered.