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.