Gayston Corporation — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 JUN 2 4 2019 David Schmitz Director of Sales & Product Development Gayston Corporation 721 Richard Street Miamisburg, OH 45342 Reference No. 19-0021 Dear Mr. Schmitz: This letter is in response to your February 19, 2019, email and phone call requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to marking requirements for DOT-39 non-reusable cylinders. Specifically, you describe a scenario where the newly manufactured cylinders will be transported empty with no valves installed and bear the following markings: _ • "DOT-39 NRC" • Service pressure/Test pressure • M-number for the cylinder manufacturer • Date of manufacture You state that the newly manufactured cylinder is not marked with the marking- "Federal law forbids transportation if refilled-penalty up to $500,000 fine and 5 years imprisonment ( 49 U.S.C. 5124)" which is a required marking for DOT-39 cylinders (see § 178.65(i)(2)(viii)(B)). You have a written agreement with your customer that they will apply this marking on a durable adhesive label prior to the cylinder being filled. You state it is your customer's understanding that it is permissible to transport the empty, valve- less cylinders to their facility without the "Federal law forbids ... " marking, and you ask for confirmation of their understanding. The responsibility for complying with cylinder marking requirements found in Part 178 of the HMR is primarily placed on the pack~ging manufacturer (see§ 178.2(a)(2)). By embossing "DOT-39 NRC" on the base of the cylinder, you have indicated that the packaging meets the requirements applicable to a DOT-39 cylinder, and is suitable for the transportation of hazardous materials in commerce. By placing your M-number on the cylinder, your company is certifying compliance with all DOT-39 requirements. The absence of a valve, which is not itself part of the DOT-39 specification, does not remove the requirement to comply with all DOT-3 9 requirements, which include the "Federal law forbids ... " marking found in § 178.65(i)(2)(viii)(B).#

Page 2Responsibility for applying this marking may be transferred to your customer through a contract or other agreement; however, both parties may be held responsible if hazardous materials are . offered or transported in commerce in DOT-39 cylinders that do not bear all the required markings. Additionally, please note that DOT-39 cylinders must be marked with the lot number in accordance with § 178.65(i)(2)(vi). I hope this information is helpful. Please contact us if we can be of further assistance. ren Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3Dodd, Alice (PHMSA) /9-DVZ f From: Sent: To: Subject: INFOCNTR (PHMSA) Thursday, February 21, 2019 10:46 AM Hazmat Interps FW: Interpretation Attachments: Interpretation.pdf; IMG_20190219_ 172252181~ 2.jpg; IMG_20190219_172336352~ 2.jpg; IMG_20190219_172346474.jpg Hello Alice and lkeya, Attached is a request for letter of interpretation. Thanks, Jonathon, HMIC From: David Schmitz [mailto:david.schmitz@precisionimpacts.com] Sent: Tuesday, February 19, 2019 5:53 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: Interpretation Shane, Attached, please find our letter of interpretation that we would like your review and advise on. Please acknowledge and confirm receipt. Thanks, Dave Schmitz Director of Sales & Product Development ~ , GAYSTCN ¥ CORPORATION 721 Richard Street Miamisburg, OH 45342 P: (937) 530-8261 C: (937) 902-9474 david.schmitz@gayston.com David Schmitz Director, Sales & Marketing 1#

Page 4721 Richard St reet, Miamisburg • Ohio 45342 D Main : 937-530-8250 D Direct: 937-530-8261 D david .schmitz@precisionimpacts.com D www.precisionimpacts.com CONFIDENTIALITY NOTICE: The contents of this email message and any attachments are intended solely for the addressee(s) and may contain confidential and/ or privileged information and may be legally protected from disclosure. If you are not the intended recipient of this message or their agent, or if this message has been addressed to you in error, please immediately alert t he sender by reply email and then delete this message and any attachments. If you are not the intended recipient, you are hereby notified that any use, dissemination, copying, or storage of this message or its attachments is strictly prohibited. 2#

Page 5~ GAYSTON y CORPORATIO N February 4, 2019 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 202.3 66.4488 David Schmitz Gayst on Corporat ion 721 Richard St. M iamisburg, OH 45342 937.902.9474 dschmitz@gayston.com Subject: Interpretation Shane, Gayston is a manufacturer of DOT-39 NR C under the regist ration number M4625. We are working w ith a customer on a new cylinder opportunity and that customer has determined t hat th eir cylinders do not require the follow ing st atement to be ma rked on them after manufacture prior t o shipment to t heir facility: "Federal law forbids transportation if refiffed-penalty up to $500,000 fine and 5 years imprisonment (49 US.C. 5124). " Our customer's arguments for not requ iring this marking are as follows: 1.) The cylinder will not have a valve installed in it 2.) The cylinder will only be shipped empty 3.) The cylinder will be marked according to 49 CFR 178.65 and include the following markings: a. DOT-39 b. NRC c. The service pressure d. The test pressure e. The registration number (M4625) of the manufacturer f. The date of manufacture Attached, I have included pictures of the DOT-39 NRC which shows the empty cylinder without va lve and absent of the label. Can you please confirm this interpretation is correct? Regards, ~~ David Schmitz ~ Program Director Gayston Corporation#

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