Western International Gas — Hazardous Materials Safety Interpretation

Page 1MAR: 16 2004 U.5. Department of Transportation 400 Seventh St., S.W. Research and Washington, D.C. 20590 Administration Special Programs Ms. Kathy McKenzie Safety & Compliance Ref. No. 04-0041 P.O. Box 668; 7173 Hwy. 159E Western International Gas & Cylinder Bellville, TX 77418 Dear Ms. McKenzie: This is in response to your February 25, 2004 letter regarding Regulations the marking requirements under the Hazardous Materials whether cylinders marked with an expired exemption number are (HMR; 49 CFR Parts 171-180). Specifically, you ask allowed to be tested, filled and transported. The answer CFR 172.303, do not require removal or obliteration of the is yes. The prohibited marking requirements, in 49 exemption number from the packaging, even when the packaging is not being order to minimize confusion or frustration of the shipment, you used under the terms of the exemption. However, in may wish to cover or obliterate the exemption number marking when er of literate the packaging is not being used under the terms of the exemption. I hope this information questions, please do not is helpful. If you have additional hesitate to contact this office. Sincerely, Hathe z mitchell Hattie I. Mitchell, Chief Regulatory Review Office of Hazardous Materials Standards • Reinvention 172,803 040041#

Page 2W WESTERN INTERNATIONAL GAS & CYLINDERS, INC. INTENBATIONAL WESTERN P.O. Box 668, 7173 Hwy 159E Beliville, TX 77418 FIRS (979) 413-2100 FAX (979) 413-2250 or (979) 413-2260 Bet's 3180.209 04 MAR - 3 February 25, 2004 Cutinders DOT/RSPA/OHMS Ryan Posten 04-0047 AMI: 05 UNIT US DOT 400 7h Street, S.W. Office of Hazardous Material Exemptions & Approvals Washington, DC 20590 Dear Mr. Posten; In commerce of cylinders, that are in the United States, there are many that have exemption numbers stamped on them that are no longer applicable. These exemptions do not pertain to the composition of the cylinders in any way. For example 3A & 3AA cylinder exemption 6657 was for cylinders 35 years & older to receive a ten year test versus a five year. This is now covered in the CFR 49 180.209 1 (b) (i). The CFR now states what you have to do for a ten year test and what date range it has to be in. Can the cylinders that have these irrelevant exemptions stamped into them, that is no longer applicable and has expired, be tested, filled and transported with the exemption long as they comply with the stated laws? still stamped on the cylinder? Or can the irrelevant exemption number be stamped out as These exemptions are usually expired exemptions due to the regulations being covered under the CFR or cylinders that have been sold to others that were not even a party to the expired exemption. Please advise in writing at your earliest convenience. Respectfully Submitted Kathy Messenzue Kathy McKenzie Safety & Compliance Director#