{"operation":"document","citation":"04-0133","title":"National Propane Gas Association — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-12-03","effective_on":null,"summary":"04-0133 response to National Propane Gas Association concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0133.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0133.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0133","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040133.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nWashington, D.C. 20590\nResearch and\nspecial Programs\nAdministration\nDEC 3\n2003\nMr. Philip A. Squair\nRef No.: 04-0133\nVice President, Regulatory and Technical Services\nNational Propane Gas Association\n1150 17\" Street, N. W., Suite 310\nWashington, DC 20036\nDear Mr. Squair:\nThis is in response to your letter concerning the applicability of the Hazardous Materials\nlirectly from bobtails. We apologize for the delay and hope it has not caused you an\nRegulations (HMR; 49 CFR Parts 171-180) to the on-site filling of forklift cylinders\ninconvenience. Specifically, you ask if the final rule published under HM-223 on\nOctober 30, 2003 prohibits on site filling of forklift cylinders from cargo tank motor\nvehicles. You further request clarification of the applicability of volumetric filling\nrequirements of cylinders under § 173.304.\nThe HM-223 final rule clarifies the applicability of the HMR to specific functions and\nnazardous materials during transportation. The final rule is intended to codify in the\nactivities, including hazardous materials loading and unloading operations and storage of\nHMR long-standing policies and interpretations concerning the applicability of the\nregulations to specific functions and operations. The HM-223 final rule becomes\neffective on June 1, 2005.\nWith regard to \"unloading incidental to movement,\" the HM-223 final rule reiterates\nlong-standing regulatory requirements and administrative interpretations concerning the\napplicability of the HMR to certain unloading operations. The HM-223 final rule does\nnot prohibit any unloading operations that are currently permitted under the HMR. Thus,\nxample, §$ 177.834(i) and 177.840(I), (m), (n), (o), (p), (q), (r), and (s))\nWith regard to the volumetric filling of cylinders, you are correct that cylinders that are\nlled and used at a work-site and not offered for transportation in commerce are no\ngulated under the HMR, but in fact come under the jurisdiction of Occupation Safel\n171,1\n040133\n\n<<<PAGE 2>>>\n\nand Health Administration (OSHA) Standards. If you have questions concerning\ncylinders used at the workplace you should contact OSHA\nthis office.\nI hope this satisfies your inquiry. If you have any further questions, please free to contact\nSincerely,\nSusan Gorsky\nj\nRegulations Officer\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nWebb\n83171.1\ndat\nHm-223\nApplicabilit\n1150 17ª Street, N.W, Suite 310 • Washington, DC 20036 • 202/466-7200 • Fax 202/466-7205|\n04 - 0|33\nONPGA\nNational PROPANE GAS Association\nMay 25, 2004\nMs. Susan Gorsky\nSr. Transportation Specialist\nResearch and Special programs Adminsitration\nU.S. Department of Transportation\nWashington, D.C.\nDear Ms. Gorsky:\nThe National Propane Gas Association (NPGA) is the national trade association of the LP-gas\n(principally propane) industry with a membership of over 3,600 companies, including 39\naffiliated state and regional associations representing members in all 50 states. Although the\nsingle largest group of NPGA members are retail marketers of propane gas, the membership\nincludes propane producers, transporters and wholesalers, as well as manufacturers and\ndistributors of associated equipment, containers and appliances. Propane gas is used in over 18\nmillion installations nationwide for home and commercial heating and cooking, in agriculture, in\nindustrial processing, and as a clean air alternative engine fuel for both over-the-road vehicles\nand industrial lift trucks.\nRecently, Federated Insurance Company distributed a letter to Virginia propane marketers stating\nthat new DOT rules would prohibit on-site filling of forklift cylinders directly from bobtails after\nOctober 1, 2004. The letter does not specify which rules would make this so, but a subsequent\ncommunication from Federated highlights Part 171 as amended by HM-223 as the source\ndocument. NPGA believes that Federated's assertion is based upon DOT's coverage of\n\"unloading incidental to movement of a hazardous material\" taken in combination with the\nrestriction on volumetric filling of cylinders less than 200 pounds. Further, NPGA believes this\ninterpretation is incorrect.\n\n<<<PAGE 4>>>\n\nHM-223 clarifies the applicability of the Hazardous Materials Regulations (HMR) to specific\nmaterials during transportation. These regulations define \"unloading incidental to movement\" as\nfunctions and activities, including loading and unloading operations and storage of hazardous\nfollows:\n\"Removing a packaged or containerized hazardous material from a transport vehicle, aircraft, or\nvessel, or, for a bulk packaging, emptying a hazardous material from the bulk packaging after the\nhazmat has been delivered to the consignee and prior to the delivering carrier's departure from the\nconsignee's facility or premises or, in the case of a private motor carrier, while the driver of the\nmotor vehicle from which the hazmat is being unloaded immediately after movement is completed\nis present during the unloading operation.\"\nNPGA understands this to refer to the various requirements that apply specifically to the\nunloading of a cargo tank motor vehicle, such as attendance, hose management, and off-truck\nremote shut-down devices. NGA further understands that this does not refer to the filling of\ncylinders that are not intended to transport hazardous materials in commerce.\nDOT prohibits volumetric filling of cylinders less than 200 pounds through the following\nprovision:\nIb) or more and for use with a liquefied petroleum gas with a specific gravity of 0.504 or\n173.304a(d)(4) Verification of content. A cylinder with a water capacity of 90.72 kg (200\ngreater at 16 [deg]C (60 [deg]F) may have the quantity of its contents determined by\nusing a fixed length dip tube gauging device.....\nFor an operation to be covered by the HMR, a cylinder needs to be both in transportation and in\ncommerce. Prior to October 1, 2004, the HMR cover the safe transportation of hazmat in\nintrastate, interstate, and foreign commerce. Two interpretation letters have been issued to\nNPGA. As defined in a letter to NPGA on October 19, 1998, \"in commerce\" excludes from\nregulation the transportation of hazmat in a private vehicle where the material is for personal use.\nPreviously, on December 31, 1996, DOT stated that \"DOT specification cylinders are not\nrequired to comply with the HMR when used as permanently installed fuel containers and not\nused to transport cargo in commerce.\nForklift cylinders, like permanently installed customer tanks, are not used to transport cargo in\ncommerce, so should filling them should not be considered jurisdictional from an HMR\nstandpoint. NPGA requests DOT clarify that filling forklift cylinders from bobtails is not an\noperation covered by the HMR.\nSincerely,\n/s/\nPhilip A. Squair\nVice President, Regulatory and Technical Services","truncated":false,"body_characters":6870}