American Cap Co. L.L.C — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 1200 New Jersey Avenue, SE Washington, D.C. 20590 Materials Safety Pipeline and Hazardous Administration OCT 0 2 2007 Mr. Kerry Hricsina Director of Engineering and Ref. No.: 07-0170 Product Development 15 Church Street American Cap Co. L.L.C Wheatland, PA 16161 Dear Mr. Hricsina: This responds to your August 22, 2007 letter requesting clarification of the Hazardous valve caps and guards. Your questions are paraphrased and answered below. Materials Regulations (HMR; 49 CFR Parts 171-180) requirements applicable to cylinder must have a valve assembly that is of sufficient strength or protected such that no leakage Q1. Section 173.301(h)(3) specifies that each cylinder manufactured after October 1, 2007 requirement to be marked "DOT CFR 49" to specify that they are in compliance with § 173.301(h)? comply with § 173.301(h), such a marking would not be considered a prohibited mark. Al: Yes. Although the HMR do not require such a mark to be placed on valve caps that guard to meet the testing requirements in the Compressed Gas Association publication, CGA Q2: Is there any requirement in the HMR for either a cylinder protection valve cap or valve V-9? proposed rulemaking published April 17, 2007 (72 FR 18446). A2: No. However, we proposed to incorporate CGA V-9 into the HMR in a notice of Sincerely, our say / - Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 173.301 (h) 070170#

Page 2Satterthwarte acci $173.301(h 3X1 Amrican Cap Company, LLC 15 Church Street, Wheatland, PA yonders PH: 724-981-4461: 800-448-0501 - Fax: 724 981-4495 07 - 0170 Kerry Hricsina www.americap-mfg.com Director of Engineering and Product Development Email: kih@americap-mfg.com Web Page: www.americap-mfg.com D.O.T. Pipeline and Hazmat Safety Administration 8/22/07 1200 New Jersey Ave. S.E. Office of Hazardous Material Safety East Bidg 2^d Floor Washington, D.C. 20590 Attn: Ed Massullo Director Hazmat STDS (Phh-10) Mr. Massullo, Our company would like to have an interpretation on the DOT CFR 49 regarding cylinder cap testing for alve protection. We have read section 173.301 para (h) regarding cylinder valve protection and sectio 73.50 para (d) "General packaging requirements for toxic materials packaged in cylinders". The testin requirements are clear in both sections on the purpose, height and result of the drop test. As we are a manufacturer of metal caps and guards for valve protection, we would like to mark our caps so Interpretation request #1: specific requirement in the CFR 49 that the caps need to be stamped or marked. Other governmental that they may be identified as being tested in accordance with the DOT requirements. I did not see any specifications, ISO 11117 and EN 962 require testing as well, but when tested to these standards the caps testing as prescribed in the DOT CFR 49, are we permitted to stamp our manufactured cap with Question 1: Once we have manufactured and tested our caps and they have passed the drop "DOT CFR 49", showing that this design has met the DOT requirements? If not, is there any other wording that would be acceptable to achieve the same purpose? Interpretation request #2: The Compressed Gas Association pamphlet V-9 has information on valve protection, and for cap and valve guard testing. The CGA pamphlet is referred to in several sections of the CFR 49, however, all of the sections refer to valve information only and not to any specific testing that is required for valve protectior caps and guards. valve guard has to meet the testing requirements set forth in the CGA pamphlet V-9? Question 2: "Is there any DOT requirement that specifies that a cylinder valve protection cap or Regards, esticsina Kerry Hricsina Director of Engineering and Product Development American Cap Co. Ilc A Manufacturing Company - Deep Drawn Products, Stampings, Custom Machining, Cylinders, Fabrications & Powder Coating#