Applicability of the HMR to DOT E-8795 Cylinder
Pipeline and Hazardous Materials Safety Administration · Jun 30, 2006 · Reference No. 06-0133
Interprets: 49 CFR § 180.209
Reggie’s quick take
A company asked whether its DOT E-8795 exemption cylinder can be requalified under § 180.209(g), the rule that allows external visual inspection for cylinders used only for certain named gases. PHMSA said yes. The letter does not say which gases the cylinder holds, so the answer's conditions are not stated in the letter.
Written by AI (Claude) on Oct 22, 2026. Robots make mistakes and leave things out, so the letter below is what counts. Not legal advice.
This is in response to your June 6, 2006 letter requesting clarification regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171.180) to your exemption cylinder. In your scenario, you have an exemption cylinder marked DOT E-8795. This exemption authorizes the manufacture, mark, sale and use of certain non-DOT specification cylinders conforming to the DOT 4B240ET specification with certain exceptions. Specifically, you ask if your exemption cylinder may be requalified in accordance with § 180.209(g), which allows for external visual inspections of cylinders used exclusively for certain named gases.
The answer is yes. Upon review by the Office of Hazardous Materials Special Permits and Approvals, it has been determined that the cylinder specified in your request may be requalified in accordance with § 180.209(g).
A letter of interpretation applies the regulations to the facts the requester described. It isn’t a regulation and isn’t legal advice. The agency’s copy.