Gayston Corporation — Hazardous Materials Safety Interpretation

Page 1U.S. Department 1200 New Jersey Avenue, SE of Transportation Washington, DC 20590 Materials Safety Pipeline and Hazardous NOV 1 5 2018 Administration Dave Schmitz Director of Sales & Product Development Gayston Corporation 721 Richard Street Miamisburg, OH 45342 Reference No. 18-0054 Dear Mr. Schmitz: This letter is in response to your April 6, 2018, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to U.S. Department of Transportation (DOT) specification pressure vessel requirements. Specifically, you ask for confirmation that your client's proposed cylinder as described below does not require DOT specification packaging or marking. You provide the following information: • The cylinder is permanently affixed to the device and can only be disassembled using special tools at the place of manufacturing. • The device will only be shipped when the cylinder is empty. • The cylinder is never sold or shipped separately from the device. • When the device is filled by the consumer, it will only be filled with air or nitrogen. • The cylinder will be marked with the manufacturer's "M" code. Provided the cylinder is shipped with a gauge pressure less than 29 psig, the device would not meet the definition of a Division 2.2 material in § 173.115(b). If the device does not meet the definition of a hazardous material, it would not be subject to the requirements of the HMR, including those for specification packaging or marking. However, if the cylinder is filled and in commerce it would be subject to the requirements of the HMR including specification packages, marking, and labeling. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, T. Menn Taster T. Glenn Foster Chief, Regulatory Review, and Reinvention Standards and Rulemaking Division#

Page 2INTERPRETATION LETTERS Requester David Schmitz Date Received: 4/9/2018 Company Gayston Corporation Tracking 18-0054 Phone 937-530-8261 Revision Date: 4/9/2018 Date Assigned 04/09/2018 Date of Letter 04/06/2018 Staff Wolcott First Draft Due: 4/30/2018 Section First Draft Date Subject Cylinders Concurrence Status PHH-10-Specialist Status Date 4/9/2018 Sign Date Signor Comment HBP Copy to Docket Copy to DHM-60#

Page 3Culinders January, Ikeya CTR (PHMSA) 18-0054 From: INFOCNTR (PHMSA) Sent: To: Friday, April 06, 2018 4:51 PM Hazmat Interps Subject: FW: Interpretation Attachments: InterpretationLetter_040518.pdf Importance: High Hi Alice & Ikeya, Attached is a request for a letter of interpretation. Mr. Schmitz spoke with Jonathon regarding his request. Let me know if you have any questions. Thank you, Jodi From: David Schmitz [mailto:david.schmitz@gayston.com] Sent: Friday, April 06, 2018 11:46 AM To: INFOCNTR (PHMSA) < INFOCNTR.INFOCNTR@dot.gov> Subject: Interpretation Importance: High Shane, Attached, please find our letter of interpretation that we would like your review and advise on. Please acknowledge and confirm receipt. Best Regards, Dave Schmitz Director of Sales & Product Development GAYSTON CORPORATION 721 Richard Street Miamisburg, OH 45342 P: (937) 530-8261 C: (937) 902-9474 david.schmitz@gayston.com#

Page 4GAYSTON CORPORATION April 05, 2018 Standards Division - PHH-10 PHMSA Office of Hazardous Materials Standards ATTN: Director Shane Kelly East Building 1200 New Jersey Ave., SE Washington, D.C.20590-0001 202.366.4488 info.cntr@dot.gov David Schmitz Gayston Corporation 721 Richard St. Miamisburg, OH 45342 937.902.9474 dschmitz@gayston.com Subject: Interpretation Shane, Gayston is a manufacturer of cylinders under "M" code 4625. We are working with a customer on a new cylinder opportunity and that customer has determined that the cylinder in question does not require DOT certification because it is not going to be a transportable item. It is a CFFC cylinder and will be holding compressed air or nitrogen. Our customer's arguments for not requiring certification are as follows: 1.) The cylinder is permanently affixed to the device and not to be removed by consumers 2.) The cylinder can only be disassembled at the factory using special tools 3.) The equipment is only shipped with the cylinder empty of air 4.) The cylinder is never sold or shipped separately, it is to be a permanent fixture to the equipment and sold as one unit 5.) The cylinder will be marked accordingly and will include our manufacturers code - M4625 I am including pictures of the assembly which shows the cylinder and the item to which it is affixed. Can you please confirm this interpretation is correct? Regards, David Schmitz Program Director Gayston Corporation#

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