{"operation":"document","citation":"06-0082","title":"3AL Testing Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-06-30","effective_on":null,"summary":"06-0082 response to 3AL Testing Corporation concerning 172.504.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0082.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0082.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0082","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060082.pdf","body":"<<<PAGE 1>>>\n\n.S. Departmer\nf Transportatio\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nPipeline and\nHazardous Materials Safety\nAdministration\nJUN 30 2005\nPresident\nMr. Robert Fick\nReference No. 06-0082\n3AL Testing Corporation\n825 East 73°d Avenue\nDenver, CO 80229\nDear Mr. Fick:\nThis is in response to a March 31, 2006 letter we received from your company's former\nice President, Mr. Paul Graves, and your June 15, 2006 telephone conversation with\nlember of my staff concerning placarding reguirements under the Hazardous Material\nfilled with flammable and non-flammable gas, and transport vehicles containing empty\nRegulations (HMR, 49 CFR Parts 171-180) for transport vehicles containing cylinders\ncylinders with oxygen residue or empty cylinders that no longer contain oxygen and have\ntheir valves open. We have paraphrased Mr. Graves' questions and answered them in the\norder provided.\nQ1. What placarding requirements apply to a transport vehicle with 1,000 pounds or\nnon-bulk cylinder containing a Division 2.1 (flammable) gas?\nmore of non-bulk cylinders containing Division 2.2 (non-flammable) gas and one\nAl.\nA transport vehicle or freight container transported by highway or rail that contains\nhazardous materials in non-bulk packages does not qualify for the exceptions from\nmore than 454 kilograms (1,001 pounds) aggregate gross weight of Table 2\nit contains. Alternatively, shippers may use the DANGEROUS placard in place of\nplacarding prescribed in § 172.504(c), and must be placarded for each hazard class\nthe separate placards specified for each Table 2 material unless 1,000 kg (2,205\nnon-bulk packages is loaded at one loading facility. See § 172.504(b). For each\npounds) or more aggregate gross weight of one category of hazardous materials in\nTable 2 material with a subsidiary hazard, the placards must comply with the\nprovisions in § 172.505 when applicable.\nQ2.\nUnder § 172.504(d), are empty medical size E or empty medical size M6/B oxygen\ncylinders counted as full cylinders for determining whether or not the transpor\nvehicle must be placarded?\nA2.\nGenerally, empty packagings containing the residue of a hazardous material must\nof the material unless the packagings are sufficiently cleaned and purged of vapor\ne transported in the same manner as when they previously held a greater quantit\nHILISHLI\n172.504\n060082\n\n<<<PAGE 2>>>\n\nto remove any potential hazard, or are refilled with a material that is not subject to\ncleaned of residue and purged of vapor to remove any potential hazard are not\nthe HMR. Hazardous materials packages, such as cylinders, that are sufficiently\nsufficiently cleaned and purged when the vapors in the cylinder are no longer\nregulated under the HMR. See § 173.29(b)(2)(ii). An oxygen cylinder is\ncapable of actively supporting combustion and performing as an oxidizing agent.\nI hope this information is helpful.\nSincerely,\nHothe 1. itchit\nHattie L. Mitchell, Chief\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n2\n\n<<<PAGE 3>>>\n\nPaul Graves\nP.O. Box 1211\nIdaho Springs, Colorado 80452\nPhone: (303) 287-3133\nMarch 31, 2006\nEdmonsur\n3/72.507\nPipeline and Hazardous Materials Safety Administration\nPlacarding\n400 Seventh Street, S.W.\n06-0082\nWashington, DC 20590\nSubject: Clarification of two questions regarding 49CFR.\nDear Sir or Madam:\nIn the course of my experience with hazardous materials and many journeys to compressed gas\nmanufacturing and distribution plants across the United States, I often hear two statements about\nthe HMR (49CFR) which can never be proven when asked to. Could your office please provide\nne a written response on the following two questions?\n) In regards to 49CFR§172.504 many plant managers, truck drivers and safety officer\nlave made the comment that \"when a transport vehicle has in excess of 1,000 pounds o\nrequire a 2.1 flammable gas placard when more than 1,000 pounds of flammable gas is\nIf my reading of the 49CFR is correct, the above statement is false. I read §172.504 to\nWould be appropriate and no late any reera laws in regards to placards in paced\nloaded onto a freight vehicle.\non a transport vehicle. Is my reading correct?\n2) Medicards or mply medial 6l oxygen of linder must perous ted as state inder any\nou must use them in determining whether or not to use placards.\" \"If the valve is wid\npen and no gas is left, you still must count them in determining placard requirements\nour reply as I hear so many people who completely disagree with the exceptions t\nection 172.504(d) seems to plainly address this above statement, however, I ask fo\ntruck) is transporting in excess of 1,000 pounds of empty oxygen cylinders, under 200\nempty cylinders.\nMy reading indicates if an enclosed transport vehicle (trailer or box\ncubic feet, then you would not need to placard the transport vehicle. Is my reading\nSincerely,\nPaul Drawls\nVice President\nPaul Graves\n3AL Testing, Corp.","truncated":false,"body_characters":4899}