Clay-ton Corporation — Hazardous Materials Safety Interpretation

Page 1Washington, D.C. 20590 400 Seventh St., S.W. pecial Program esearch anc Administration JAN 16 2002 Mr. Ken Rueschhoff Reference No.: 01-0283 Product Design Engineer Clayton Corporation 866 Horan Drive Fenton, MO 63026-2416 Dear Mr. Rueschhoff: This is in response to your October 25, 2001 letter, requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) regarding the use of Specification DOT-39 cylinders. You state that (1) while the end user is dispensing your product, a supplemental nitrogen gas pressure source with a fixed outlet pressure is attached to the cylinders; (2) this constant gas pressure would maintain the initial cylinder tank pressure during dispensing thereby aiding in expelling all the liquid contents at an even rate; (3) the cylinders will not be transported on public roadways during the dispensing process. You ask whether DOT has jurisdiction on the end use of these cylinders. The answer is no. The Federal hazardous materials transportation law (49 U.S.C. 5101 et seq.) and the HMR apply to the transportation of hazardous materials in commerce and to safety aspects of hazardous materials transportation. The dispensing of a compressed gas from a cylinder at a fixed facility is an activity that neither falls within the scope of transportation in commerce nor affects the safe transportation of hazardous material in commerce. I trust this satisfies your request. Transportation Regulations Specialist Office of Hazardous Materials Standards 178.65#

Page 210/25/01 THU 08:52 FAX 636 349 5335 CLAYTON CORP @002 Betts 8178.65 Cylinders 01-0283 CLAYTON corporation CLAYTON 866 HORAN DRIVE FENTON, MO 63026-2416 U.S.A. FAX/636-349-5335 636-349-5333 October 25, 2001 Mr. Edward Mazzullo DHM-10 U.S. Department of Transportation 400T Street S.W. Washington, DC 20590 Dear Mr. Mazzullo: Ihave recently spoken to Charlie Hockman on issues regarding DOT-39 cylinders and he suggested I contact you for complete clarification on the questions I have. J Currently our company uses DOT-39 cylinders for a two component polyurethane foam product that is product output slows significantly during dispensing resulting in higher labor costs and possible degrade in product quality. The intent of my letter is to introduce a method of cylinder pressure control during dispensing and to fully understand the extent of the DOT jurisdiction on the end use of said cylinders. What I am proposing is outlet pressure regulator be attached to the cylinders. This constant gas pressure would maintain the that while an end user is dispensing our product, a supplemental nitrogen gas pressure source with a fixed initial tank pressure during dispensing thus aiding in expelling all the liquid contents at an even rate. After the liquid content has been expelled from the cylinders, the residual gas would then be expelled, and the cylinders disposed of in the appropriate manner. Please contact me at your carliest convenience with a reply. I would appreciate discussing this with you by phone conversation if possible, my phone number 636-349-5333, or 800-325-6180 and my extension Sincerely, Ken Browf Product Design Engineer Ken Rueschhoff Clayton Corporation#