Mutual Liquid Gas & Equipment Co., Inc. — Hazardous Materials Safety Interpretation

Page 1: : • of Transportation U.S. Department 400 Seventh St., S.W. Washington, D.C. 20590 Special Programs Research and Administration DEC 1 1 2002 Mr. Ron Stover Ref. No. 02-0245 Mutual Liquid Gas & Equipment Co., Inc. 17117 South Broadway Gardena, CA 90248-3191 Dear Mr. Stover: This is in response to your letter dated September 9, 2002, regarding the placement of placards on a portable tank. Specifically you ask if a portable tank authorized to be placarded on only two sides under § 172.514 (c) must be placarded on its longitudinal sides or if it may be placarded on its ends? The placarding requirement specified in § 172.504 require each bulk packaging, freight container, unit load device, transport vehicle or rail car containing any quantity of hazardous material to be placarded on each side and each end. Section 172.514 provides an exception which allows a portable tank having a capacity of less than 3,785 I (1,000 gallons)to be placarded on only two opposite sides. Packagings meeting $ 172.514 (c) may be placarded on two opposing longitudinal sides, or on two opposing ends provided they meet the visibility and display of placards requirements in § 172.516. I hope this satisfies your inquiry. If we can be of further assistance, please contact us. Sincerely, / Transportation Regulations Specialist Materials Standards#

Page 2U.S. Department of Transportation 400 Seventh St., S.W. Research and Washington, D.C. 20590 Special Programs Administration DEC 1 1 2002 Mr. Ron Stover Mutual Liquid Gas & Equipment Co., 17117 South Broadway Inc. Ref. No. 02-0245 Gardena, CA 90248-3191 Dear Mr. Stover: This is in response to your letter dated September 9, 2002, regarding the placement of placards on a portable tank. Specifically you ask if a portable tank authorized to be placarded on only two sides under § 172.514 (c) must be placarded on its longitudinal sides or if it may be placarded on its ends? The placarding requirement specified in § 172.504 require each bulk packaging, freight container, unit load device, transport vehicle or rail car containing any quantity of hazardous material to be placarded on each side and each end. Section 172.514 provides an exception which allows a portable tank having a capacity of less than 3,785 I (1,000 gallons)to be placarded on only two opposite sides. Packagings meeting § 172.514 (C) may be placarded on two opposing longitudinal sides, or on two opposing ends provided they meet the visibility and display of placards requirements in § 172.516. I hope this satisfies your inquiry. If we can be of further assistance, please contact us. Sincerely, Gale Transportation Regulations Specialist Office of Hazardous Materials Standards (12is0g#

Page 3- - US Department of Transportation Research and Special Programs Administration Mr. John Cario OCT 10:395 15602 Jacintoport Boulevard Stolt-Nielsen, Inc. Houston, Texas 77015 Dear Mr. Cario: This is in response to your letter dated July 31, 1995., regarding the requirement in § 172.326 applicable to placement of the proper shipping proper shipping name on name on a portable tank. You asked if the requirement for marking the longitudinal sides or could the proper shipping name be marked on two a portable tank refers to only two opposing opposing ends of the portable tank? The marking requirement specified in § 172.326 (a) (1) requires the proper shipping name of the hazardous material being offered for transportation be shown on two opposing sides of the portable tank. Depending on the differences in what would be considered "opposing sides" may vary. For shape of the portable tank (e.g., round, square, or rectangular), the example, a elongated, spherical, cross-section portable tank may have ends that are concave (sunken); consequently, the proper shipping name must be appropriately placed on the two longitudinal or lengthwise (front and back)! Conversely; fox a portable tank which has a square or opposing sides of the tank for better visibility, and not on each end on two xectangular shape, the proper shipping name would be appropriately placed "opposing" sides, which may mean "front to back" (facing forwałd types of packagings. . and backward) oi "side to side" (longitudinal or lengthwise) of these • • please contact me. I hope this information is helpful. If I can be of further assistance, Sincerely, : Velmer FB kling's Delmer F. Billings Chief, Office of Hazardous Materials Standards Regulations Development 172326#

Page 4! • MUTUAL PRÒPANE SINCE 1933 MUTUAL LIQUID GAS & EQUIPMENT CO., INC. CONTRACTORS STATE LICENSE #684499, C61/D21 17117 S. BROADWAY • GARDENA, CA 90248-3191 310) 515-0553 (323) 321-3771 FAX: (310) 515-2633 Date: September 16, 2002 To: RSPA Office of Hazardous Materials Standards (DHM-10) U.S. Department of Transportation 400 Seventh Street, SW Washington, D.C. 20590-0001 -From: Ron Stover Safety, Mutual Propane Clarification: §172.514(c)(1) Dear Sir or Madam: This is a follow-up letter to the one dated 9 September 2002, which is requesting a clarification of the HMR specifically $172.514(c)(1). In that letter I noticed that there was a typing error for the citation of this section. I apologize for the confusion. I signed the letter without reviewing my administrative staffs work. As for the rest of the letter the contents and question remains the same. The original letter is attached with the corrections made and also attached is a copy of the citation in question. Again, 1 apologize for the error and hope that this has not caused any hardship for your staff. If there are any questions please call me at 310-515-0553. Thank you for your time, Ron Stove Ron Stover PROPANE SERVICE PROPANE EQUIPMENT PROPANE CARBURETION#

Page 5• MUTUAL PROPANE BAH §172.564. MUTUAL LIQUID GAS & EQUIPMENT CO., INC. Placaraing 17117 S. BROADWAY • GARDENA, CA 90248-3191 CONTRACTORS STATE LICENSE #684499, C61/D21 (310) 515-0553 • (323) 321-3771 02-0245 FAX: (310) 515-2633 Date: September 9, 2002 To: IRSPA Office of Hazardous Materials Standards (DHM-10) U.S. Department of Transportation Washington, D.C. 20590-0001 From: Mutual Liquid Gas & Equipment Co., Inc. -- - Ron Stover, Safety 17117 South Broadway - --- - - Gardena, CA 90248-3191 ph: 310-515-0553 Clarification: §172,504(6) ...."two opposite sides" (72,514(c) I would appreciate if the RSPA could clarify the definition "two opposite sides" as used in §172.504(c) of the HMR $106-180. Let me be more specific about my request for clarification. As a propane marketer we have installation on a consumer's premise. The particular ones in question are ASME containers of occasion to transport storage containers for liquefied petroleum gas used for permanent less than 1,000 gallons liquid capacity. These containers are constructed of a barrel (the sides) and two heads (the ends). The sides are longer than the ends are wide. of the vehicle-the barrel is parallel to the sides of the vehicle and the heads are facing front to When transported on a placarded flatbed vehicle the container is loaded longitudinally on the bed rear. Anchor straps and tie-downs are placed across the barrel to secure the container from movement. Before transportation begins all requirements of §173.315(j) are met. To avoie aisuar oraps and evoves. Tel to rais are pined on the need of a sides" as stated in §172.504(c) by placing the placards on the ends of the tank? This is where our question arises: Are we using a too liberal interpretation of "two opposite If you require any further information, please feel free to call me at 310-515-0553 or write to the above address. Thank you for your consideration, Ron Stover Ron Stover PROPANE SERVICE • PROPANE EQUIPMENT • PROPANE CARBURETION#

Page 6• • - MUTUAL PROPANE SINCE 1933 MUTUAL LIQUID GAS & EQUIPMENT CO., INC. 17117 S. BROADWAY • GARDENA, CA 90248-3191 CONTRACTORS STATE LICENSE #684499, C61/D2' (310) 515-0553 • (323) 321-3771 FAX: (310) 515-2633 Date: September 9, 2002 To: RSPA Office of Hazardous Materials Standards (DHM-10) 400 Seventh Street, SW U.S. Department of Transportation Washington, D.C. 20590-0001 From: Mutual Liquid Gas & Equipment Co., Inc. .. Ron Stover, Safety 17117 South Broadway --- -. - --- ph: 310-515-0553 Gardena, CA 90248-3191 Clarification: $172.514(c)(1) .... "two opposite sides" §172.514(c)(1) of the HMR §106-180. I would appreciate if the RSPA could clarify the definition "two opposite sides" as used in Let me be more specific about my request for clarification. As a propane marketer we have occasion to transport storage containers for liquefied petroleum gas used for permanent less than 1,000 gallons liquid capacity. These containers are constructed of a barrel (the sides) installation on a consumer's premise. The particular ones in question are ASME containers of and two heads (the ends). The sides are longer than the ends are wide. of the vehicle-the barrel is parallel to the sides of the vehicle and the heads are facing front to When transported on a placarded flatbed vehicle the container is loaded longitudinally on the bed movement. Before transportation begins all requirements of $173.315() are met. rear. Anchor straps and tie-downs are placed across the barrel to secure the container from To avoid visual confusion the two required placards are placed on the tank's heads (ends) away - - - from the anchor straps and tie-downs. This to maintain compliance with elements of §172.516. This is where our question arises: Are we using a too liberal interpretation of two opposite - - ... sides" as stated in $172.514(c)(1) by placing the placards on the ends of the tank? If you require any further information, please feel free to call me at 310-515-0553 or write to the above address. Thank you for your consideration, Ron Stove Ron Stover PROPANE SERVICE • PROPANE EQUIPMENT • PROPANE CARBURETION#

Page 7* WAIS Document Retrieval Page 1 of 1 [Code of Federal Regulations] From the U.S FRom see 0.5. tomment printing office via GPO Access [CITE: 49CFR172.514] [Page 364-3651 TITLE 49--TRANSPORTATION CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARIMENT OF TRANSPORTATION PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS MATERIALS COMMUNIC Subpart F--Placarding sec. 172.514 Bulk packagings. --- who offers for transportation a bulk packaging which contains a (a) Except as provided in paragraph (e) of this séction, each person • . - - hazardous material, in Secs. 172.504 and 172.505. shall affix the placards specified for the material contains a hazardous material, must remain placarded when it is emptied, (b) Each bulk packaging that is required to be placarded when it unless it ig-- any potential hazard; or (1) Sufficiently cleaned of residue and purged of vapors to remove [ [Page 365]] (2) Refilled, with a material requiring different placards or no is no longer hazardous. to such an extent that any residue remaining in the packaging c) Exceptions. The following packagings may be placarded on onl placarded in accordance with subpart E of this part: gallons); (1) A portable tank having a capacity of less than 3,785 I (1000 (2) A DOT 106 or 110 multi-unit tank car tank; car le.g., a bulk bag (3) A bulk packaging other than a portable tank, cargo tank, or tank m\3\ (640 cubic feet); and or box) with a volumetric capacity of less than 18 (4) An IBC. [Amdt. 172-136, 59 FR 38064, July 26, 1994; Amdt. 172-148, 61 FR 50255, sept. 25, 1996, as amended by 66 FR 45379, Aug. 28, 2001] -__- -- - • http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi 9/16/02#

Page 8TELEPHONIC CONVERSATION RECORD Specialist Placing Call: Kurt Eichenlaub ROUTING Date of Call: 9/23/2002 SYMBOL INT Person (s) Contacted: Ron Stover BAH BS Their Organization: Mutual Liquid Gas & Equipment Co., Inc. Date of Incoming Letter: September 9, 2002 Specific Subject (including section #'s and key words): § 172.504 (c) was actually referring to s 172.514 (c). Summary: Verified that inquiry was in reference to § 172.514 (c), rather than $ 172.504 (c). Comments for Further Action: Specialist signature: Kurt Eichenlaub Date: 9/23/02 •#

Page 9WAIS Document Retrieval Page 1 of 1 [Code of Federal Regulations] [Title 49, Volume 2] [Revised as of October 1, 2001 From the U.S. Government Printing Office via GPO Acces: [Page 364-365] TITLE 49--TRANSPORTATION CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARIMENT O1 TRANSPORTATION PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS MATERIALS COMMUNIC subpart F--Placarding Sec. 172.514 Bulk packagings. Maas mate day pois add the placka spect sod for the eat person in Secs. 172.504 and 172.505. contains a hazardous material, must remain placarded when it is emptied, Each bulk packaging that is required to be placarded when it any potential hazard; or (1) Sufficiently cleaned of residue and purged of vapors to remove ... [(Page 3651] placards, to such (2) Refilled, an extent that any residue remaining in the packaging • a material requiring different placards or no is no longer hazardous. Blacked in accordance ten apart a re pase nated an only two opposite sides gallons); (1) A portable tank having a capacity of less than 3, 785 I, (1000 (3) A bulk packaging other than a portable tank, cargo tank, or tank A DOT 106 or 110 multi-unit tank car tank; m\3\ (640 cubic feet); and car (e.g., a bulk bag or box) with a volumetric capacity of less than 18 (4) An IBC. sent 25193, 30 3ed 058345399, 4n 1994; Amdt, 172-148, 61 ER 50255, http://irwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi 9/16/02#

Page 10MUTUAL PROPANE SINCE 1933 MUTUAL LIQUID GAS & EQUIPMENT CO., INC. 17117 S. BROADWAY • GARDENA, CA 90248-3191 CONTRACTORS STATE LICENSE #684499, C61/D21 (310) 515-0553 • (323) 321-3771 Date: September 9, 2002 To: RSPA Office of Hazardous Materials Standards (DHM-10) U.S. Department of Transportation 400 Seventh Street, SW Washington, D,C. 20590-0001 From: Mutual Liquid Gas & Equipment Co., Inc. 17117 South Broadway Ron Stover, Safety ph: 310-515-0553 Gardena, CA 90248-3191 Clarification: '§172.514(c)(1) ...."two opposite sides" I would appreciate if the RSPA could clarify the definition "two. opposite sides" as used in §1./2.514(c)(1) of the HMR §106-180. Let me be more specific about my request for clarification. As a propane marketer we have occasion to tränsport storáge containers for liquefied petroleum gas used for permanent installation on a consumer's premise. The particular ones in question are ASME containers of less than 1,000 gallons liquid capacity. These containers are constructed of a barrel (the sides) and two heads (the ends). The sides are longer than the ends.are wide. of the vehicle-the barrel is parallel to the sides of the vehicle and the heads are facing front.to When transported on a placarded flatbed vehicle the container is loaded longitudinally on the bed movement. Before transportation begins all requirements of §173.315() are met. rear. Anchor straps and tie-downs are placed across the barrel to secure the container from from the anchor straps and tie-downs. This to maintain compliance with elements of §172.516. To avoid visual confusion the two required placards are placed on the tank's heads (ends) away This is where our question arises: Are we using a too liberal interpretation of "two opposite sides" as stated in §172.514(c)(1) by placing the placards on the ends of the tank? If you require any further information, please feel free to call me at 310-515-0553 or write to the above address. Thank you for your consideration, Ron Stove Ron Stover PROPANE SERVICE PROPANE EQUIPMENT • PROPANE CARBURETION#

Page 11: MUTUAL PRÒPANE SINCE 1933 MUTUAL LIQUID GAS & EQUIPMENT CO., INC. 17117 S. BROADWAY • GARDENA, CA 90248-3191 CONTRACTORS STATE LICENSE #684499, C61/D21 (310) 515-0553 • (323) 321-3771 FAX: (310) 515-2633 Date: September 16, 2002 To: RSPA Office of Hazardous Materials Standards (DHM-10) U.S. Department of Transportation 400 Seventh Street, SW Washington, D.C. 20590-0001 From: Ron Stover Safety, Mutual Propane Clarification: §172.514(c)(1) - Dear Sir or Madam: This is a follow-up letter to the one dated 9 September 2002, which is requesting a clarification of the HMR specifically §172.514(c)(1): In that letter 1 noticed that there was a typing error for the citation of this section: I apologize for the - confusion. I signed the letter without reviewing my administrative staff's work. As for the rest of the letter the contents and question remains the same. The original letter is attached with the corrections made and aiso attached is a copy of the citation in question. Again, I apologize for the error and hope that this has not caused any hardship for your staff. If there are any questions please call me at 310-515-0553. Thank you for your time, Pon Stove Ron Stover PROPANE SERVICE • PROPANE EQUIPMENT PROPANE CARBURETION#