OMG Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 October 21, 2021 Mr. Bradley Bedard VP Supply Chain Management OMG Inc. 153 Bowles Road Agawam, MA 01001 Reference No. 21-0086 Dear Mr. Bedard: This letter is in response to your August 19, 2021, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to cylinder marking requirements. In your email, you included photographs depicting a Department of Transportation (DOT) specification 39 (DOT-39) cylinder that is marked with a space between the “M” and the numerals instead of before the “M.” You ask whether the additional space is a violation of the HMR. Section 178.65(i)(2)(v) specifies that a DOT-39 cylinder must be marked with the registration number (M****) of the manufacturer. The addition of the space between the “M” and the numerals is not a violation of § 178.65(i). However, the markings as depicted in your photograph may frustrate the transportation of the cylinders. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2Pollack 21-0086 From: INFOCNTR (PHMSA) To: Dodd, Alice (PHMSA) Cc: Hazmat Interps Subject: FW: Letter of Interpretation Request M0808 Date: Friday, August 20, 2021 5:06:14 PM Attachments: image001.png image002.png Hi Alice, Please see the below Letter of Interpretation request. Let us know if you need anything else. Regards, -Breanna From: Bradley Bedard <bbedard@omginc.com> Sent: Thursday, August 19, 2021 3:59 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: Letter of Interpretation Request M0808 CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the sender and know the content is safe. Hello, I spoke with a person in the DOT department, and they suggested that I send an email this email address. I wanted to confirm that the nomenclature used by this China supplier for the DOT-39NCR is appropriate. As you can see, I’ve included a picture below (white is the China supplier). The red canister is from our domestic supplier and the spacing is a little different (before and after the M) I’ve also included an excerpt from the approved Foreign supplier list on your website below. Can you please confirm that this is acceptable? Please call if you have any questions. I work for OMG Inc. at 153 Bowles Road, Agawam MA 01001 and my cell number is 413-896-1333 Thank you for your help with this matter. Brad Bedard VP Supply Chain Management p. 413.789.0252 x1127 This confidential e-mail is intended only for named recipient(s) & may contain information that is privileged/exempt from disclosure under applicable law. If you received this message in error, immediately notify sender & delete message. From: Bradley Bedard <bbedard@omginc.com> Sent: Thursday, August 19, 2021 3:42 PM To: Bradley Bedard <bbedard@omginc.com> Subject:#

Page 331752280 U.S. Federal law forbids transportation if refilled-penalt DOT-39NRC 260/325M 0808 up to $500.000 for cud EVolTmadleonment (49 U.S.C. 5124) FOR PROFESSIONAL USE ONLY INSTRUCTIONS FOR DISPOSAL NOT ARE FOR COMPRESSED ARE WITH ANY от зАмас 280325 м1005) NON-REFILLABLE DISPOSABLE CYLMOER Peal so, o me and S years imprison 49 U.S.C. 5124) Sent from my iPhone#