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Interpretation Response #01-0283 ([Clay-ton Corporation] [Mr. Ken Rueschhoff])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: Clay-ton Corporation

Individual Name: Mr. Ken Rueschhoff

Location State: MO Country: US

View the Interpretation Document

Response text:

January 16, 2002


Mr. Ken Rueschhoff                              Reference No.: 01-0283
Product Design Engineer
Clay-ton Corporation
866 Horan Drive
Fenton, MO 63026-2416

Dear Mr. Rueschhoff:

This is in response to your October 25, 2001 letter, requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) regarding the use of Specification DOT-39 cylinders.  You state that (1) while the end user is dispensing your product, a supplemental nitrogen gas pressure source with a fixed outlet pressure is attached to the cylinders; (2) this constant gas pressure would maintain the initial cylinder tank pressure during dispensing thereby aiding in expelling all the liquid contents at an even rate; (3) the cylinders will not be transported on public roadways during the dispensing process.  You ask whether DOT has jurisdiction on the end use of these cylinders.

The answer is no.  The Federal hazardous materials transportation law (49 U.S.C. 5101 et seq.) and the HMR apply to the transportation of hazardous materials in commerce and to safety aspects of hazardous materials transportation.  The dispensing of a compressed gas from a cylinder at a fixed facility is an activity that neither falls within the scope of transportation in commerce nor affects the safe transportation of hazardous material in commerce.

I trust this satisfies your request.



John A. Gale
Transportation Regulations Specialist
Office of  Hazardous Materials Standards


Regulation Sections

Section Subject
178.65 Specification 39 non-reusable (non-refillable) cylinders