{"operation":"document","citation":"03-0285","title":"Blue Rhino Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-11-24","effective_on":null,"summary":"03-0285 response to Blue Rhino Corporation concerning 173.29.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0285.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0285.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0285","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030285.pdf","body":"<<<PAGE 1>>>\n\n-\nof Transportation\nU.S. Department\nNOV 2 4 2003\nWashington, D.C. 20590\n400 Seventh St., S.W.\nResearch and\nAdministration\nSpecial Programs\nMr. Richard J. Arthur\nRef No.: 03-0285\nDirector of Regulatory Compliance\nBlue Rhino Corporation\n104 Cambridge Plaza Drive\nWinston-Salem, NC 27104\nDear Mr. Arthur:\nThis is in response to your letters dated November 3, 2003, regarding transportation of cylinders\ncontaining a residue of propane under the Hazardous Materials Regulations (HMR; 49 CFR Parts\n171-180).\nSection 173.29(b)(2)(ii) requires that a cylinder be sufficiently cleaned of residue and purged of\nvapor to remove any potential hazard to be considered as not regulated under the HMR. The\nmethods and limits used for determining what qualifies as a \"cleaned and purged\" under the\nHMR are intentionally not defined because they vary greatly depending on the properties of the\nparticular hazardous material and type of packaging. In the case of propane, other variables such\nas purge medium, temperature conditions and cylinder volume are also factors. We would\nconsider a propane cylinder to be sufficiently cleaned and purged when the vapors in the cylinder\nare no longer capable of sustaining combustion.\nIf cylinders have been cleaned and purged of residue, as provided by § 173.29(b)(2)(ii), they are\nnot subject to any requirements of the HMR. When cylinders are transported as non-regulated,\nthe DOT markings and labels on the cylinders must be removed or covered, or the cylinders must\nbe transported in a manner that the packaging is not visible as prescribed in § 173.29(b)(1).\nIf the cylinders are not purged, they remain subject to the requirements in the HMR. However, as\nprovided by § 173.29(c), such cylinders are not subject to requirements for placarding and\nshipping papers when collected and transported by a contract or private carrier for reconditioning\nor reuse.\nI hope this information is helpful. Please contact us if you require additional assistance\nSincerely,\nSusan Gorsky\nSenior Transportation Regulations Specialist\nOffice of Hazardous Materials Standards\n173.29\n030285\n\n<<<PAGE 2>>>\n\nBlue\nBlue Rhino Corporation\nRhino\n104 Cambridge Plaza Drive\n800.258.7466\nP 336.659.6900\nSpark Something Fur\nWinston-Salem, NC 27104\nNovember 3, 2003\nRelerford\n§ 113.29\nOffice of Hazardous Materials Standards\nATTN: DHM -10 **\n#tap: 0028\nEmpty Packagings\nWashington, DC 20590-0001, M: 023.\n03-8285\nI am requesting an interpretation of 49 CFR 173:29 that has\nconduct our business. This request is an appeal'on the interpretation offered by e-mail on\nstong ramifications on how we\nNovember 3, 2003. (Copy ençlosed): sug breto Be ya lp 38'000 egg cr\nBlue Rhino Corporation and its network of distributors aré in the propane cylinder exchange\nawaiting sale or exchange. Consumers bring in expended cylinders to exchange. Our company\nbusiness. We transport carefully prepared cylinders to retail locations where they are stored\ncylinders are filled and transported, and in the education of consumers. We annually exchange\nhas made a significant improvement to the quality of cylinders in use, the level of care in which\nover: 12;000,000 cylinders in 48istates and Puerto Rico through 28,000 retail outlets\nset thé standard for communication to consumers with our product label. We are proud of our\nFor our nine-year history we'have abided by ali placard and laber requirements and in fact have\ncompliance record in this area.\nOur distributor, in New England was recently cited by a state policeman for failing to mark all\nreturned expended cylinders with a 1075 label. We believe this citation, while well intentioned, is\nan excessive application of the rule for these reasons:\n1. Our expended cylinders travel directly back to the production facility in placarded vehicles to\n2. They are not removed from the vehicle prior to arrival at the production facility.\nbe inspected, reconditioned, and refilled.\n3.\npropane cylinders. These loads never include other items or other hazardous materials. We\nWhile in transit, cylinders are in a vehicle that is used 'exclusively for transporting 20-pound\n4. The majority of these cylinders still have our labeling on them, clearly establishing them as\nonly deal with placards stating \"1075\".\npropane cylinders. Many others carry labels from other exchange companies that also\n5.\nIt could be fairly said that the proposed labels, if applied, would spend their entire life cycle of\nidentify them as propane cylinders.\n24-72 hours hidden from view.\nThe idea of applying labels solely to transport them in a closed and placarded vehicle not mixed\nwill be marked as propane cylinders is an unnecessary and wasteful practice. There is no\nwith any other cargo or HAZMAT in an environment where the majority of identical DOT cylinders\ntime can there be any doubt about the contents of our vehicles.\nadditional protection for the public by requiring these expended cylinders to be so marked. At no\nWe ask for an interpretation of, this rule that will allow us to continue our current and heretofore\nperfectly safe practice without undue cost or burden to our distributors. We would appreciate a\nreply by mid-November to accommodate the date for response to the citation.\nRespectfully,\nDirector of Regulatory Compliance","truncated":false,"body_characters":5272}