Carleton Technologies, Inc. — Hazardous Materials Safety Interpretation

Page 1• U.S. Department of Transportation 400 Seventh St., S.W. Washington, D.C. 20590 Research and Special Programs Administration OCT 2 3 2003 Ms. Elizabeth Campbell Ref. No. 03-0261 Carleton Technologies, Inc. 10 Cobham Drive Orchard Park, New York 14127-4195 Dear Ms. Campbell: This responds to your October 15, 2003 letter regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether cylinders manufactured for Department of Defense (DOD) programs, that have Certificates of Equivalencies (COE) in accordance with the requirements of § 173.7, can be certified by your resident government inspectors, instead of a third party DOT inspector. In your letter, you state that it has been your understanding that if your company has a COE for a cylinder, the cylinder can be certified by your resident government inspectors, as oppose to using a third party DOT inspector. Your understanding is correct. In accordance with the requirements of § 173.7(a), hazardous materials offered for transportation by, for, or to the DOD of the U.S. Government, including commercial shipments pursuant to a DOD contract, must be packaged in accordance with the regulations of the HMR or in packagings of equal or greater strength as certified by DOD in accordance with the procedures prescribed by "Performance Oriented Packagings of Hazardous Material, DLAR 4145.41/AR 700-143/AFR 71-5/NAVSUPINST 4030.55/MCO 4030.40." In addition, hazardous materials offered for transportation by DOD under this provision may be reshipped by any shipper to any consignee provided the original packaging has not been damaged or altered in any manner. I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, Hothe Z. Mitchell Hattie L. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards 113.7 030261#

Page 2Oct. 15. 2003 g:4Am No. 4705 P. 1/1 - CARLETON— ISO 9001 Carleton Technologies Inc 10 Cobham Drive Orchard Park, New York 11:27-1195 Bet's Fax: Telephone: 716-062-0006 www.catitech.com 16-662-074Y 173.7 U.s. Government October 15, 2003 Office of Hazardous Materials Exemptions and Approvals Ryan Posten, Exemptions Program Officer Materia failing) Research and Special Programs Admisitration 400" 7° Street, SW 0.5. Department of Transportation 03-0261 Washington, D.C. 20590-0001 Dear Mr. Posten: Carleton Technologies Inc. requests clarification on a portion of CFR 49 as it pertains to gas bottles we manufacture. DOD who is the ultimate customer. it has been our interpretation that if we have a COE for a gas bottle, the product can be certified by our We you i rin controle of un, please of tail fre a 76) de, i a or many questions or campbellb@carltech.com. Sincerely, Unaben Campbel Elizabeth Campbell Manufacturing Engineer - A Cobaam plc company-#