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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #15-0010 ([Hexagon Ragasco North America Inc.] [Mr. Jonas Berglund])

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

Interpretation Response Details

Response Publish Date:

Company Name: Hexagon Ragasco North America Inc.

Individual Name: Mr. Jonas Berglund

Location State: NE Country: US

View the Interpretation Document

Response text:

June 15, 2015

Ms. Jonas Berglund
Senior Technical Advisor
Hexagon Ragasco North America Inc
5117 NW 40th Street
Lincoln, NE 68524

Reference No. 15-0010

Dear Mr. Berglund:

This is in response to your January 14, 2015 e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to composite cylinders manufactured by your company in accordance with DOT Special Permit (DOT-SP) 12706. Your email states that the cylinders are marked in accordance with the provisions of the special permit and subsequently delivered to a propane gas company empty, without containing propane. Your questions are paraphrased and answered as follows:

Q1. You ask if it your responsibility as a manufacturer to mark and label the empty cylinders in accordance with Subparts D and E of Part 172, or whether this is the responsibility of the company that fills the cylinder with propane for the first time.

A1. In accordance with §§ 172.303(a) and 172.401(a) no person may offer for transportation or transport a package which is bearing a hazard label, marked with the proper shipping name, the identification number of a hazardous material or any other markings indicating that the material is hazardous unless the package contains the identified hazardous material or its residue. However, §§ 172.303(b) and 172.401(d) specifically permit transport of an unused package, such as the cylinder in your scenario, in a transport vehicle or freight container if the package is not visible during transportation and is loaded by the shipper and unloaded by the shipper or consignee.

Therefore, empty unused cylinders may be marked and labeled by the manufacturer if the provisions in §§ 172.303(b) and 172.401(d) are met. Alternatively, the manufacturer may offer empty cylinders without marks or labels to the filling company who would subsequently mark and label prior to transport.

Q2. Paragraph 8.c. of DOT-SP 12706 requires that a current copy of this special permit must be maintained at each facility where the package is offered or reoffered for transportation. You ask whether a retail propane exchange location that does not fill the cylinders with propane themselves, but instead receives filled cylinders from a propane filler, and subsequently sells the full cylinders to end consumers must to maintain a copy of the special permit. You further note that the exchange location/retailer will hold the filled cylinders in a cage and sell them to the end consumer, but not transport them.

A2. Provided the retail propane exchange does not offer or reoffer the cylinders for transportation in commerce from this location a copy of the special permit is not required to be maintained at the location. However, a copy of the special permit is required to be maintained at the retail propane exchange if cylinders are offered or reoffered by the exchange for transportation in commerce.

I trust this information is helpful. If you have further questions, please do not hesitate to contact this Office.


Duane Pfund
International Standards Coordinator
Standards and Rulemaking Division

172.303(a), 172.401(a), 172.303(b), 172.401(d)

Regulation Sections

Section Subject
172.303 Prohibited marking
172.401 Prohibited labeling