Dufour Petroleum LP — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department NOV 7 2006 0O Seventh Street, S. Vashington, D.C. 2059 Pipeline and Hazardous Materials Safety Administration Safety Supervisor Mr. Don Ladner Ref. No. 06-0210 P.O. Box 1184 Dufour Petroleum LP Petal, MS 39465 Dear Mr. Ladner: requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 100-180) This is in response to your September 14, 2006 letter requesting clarification of the Q1. Are we required to mark each of our cargo tanks with the NON-ODORIZED or NOT ODORIZED marking by September 30, 2006, or only the cargo tarks transporting non-odorized LPG? Al. Section 172.328 requires that, after September 30, 2006, no person may offer for transportation or transport a cargo tank containing unodorized LPG as authorized in § 173.315(b)(1) unless it is legibly marked NON-ODORIZED or NOT ODORIZED on two opposing sides near the marked proper shipping name as equirement does not specifically state that this marking may appear on a carg ank used for both odorized and non-odorized LPG; however, it is not prohibite Q2. marking on cargo tanks? What is the height requirement for the NON-ODORIZED or NOT ODORIZED A2. Section 172.302 requires the NON-ODORIZED or NOT ODORIZED marking to inches) for rail cars. have a width of at least 6.0 mm (0.24 inch) and a height of at least 100 mm (3.9 Q3. Is the NON-ODORIZED or NOT ODORIZED marking required to be on two placards? opposing sides of the cargo tank near the proper shipping name, or near the 172.328(6) 172.315 060210#

Page 2A3. See Al. Q4. Are we required to mark each of our rail tank cars with the NON-ODORIZED or NOT ODORIZED marking by September 30, 2006, or only the tank cars transporting non-odorized LPG? A4. ransportation or transport a tank car or multi-unit tank car tank containing inodorized LPG unless it is legibly marked NON-ODORIZED or NOT tank car tank used for both unodorized and odorized LPG. ODORIZED or NOT ODORIZED marking may appear on a tank car or multi-unit Q5. What is the height requirement for the NON-ODORIZED or NOT ODORIZED marking on rail tank cars? A5. Section 172.302 requires that the NON-ODORIZED or NOT ODORIZED least 100mm (3.9 inches) for rail cars. marking must have a width of at least 6.0 mm (0.24 inch) and a height of at 06. Is the NON-ODORIZED or NOT ODORIZED marking required to be on two placards? opposing sides of a rail tank car near the proper shipping name, or near the A6. See A4. I trust this satisfies your inquiry. Sincerely, som a Gale Chief, Standards Development Office of Hazardous Materials Standards#

Page 3Foster Page 1 of 1 §172.328(6) Drakeford, Carolyn <PHMSA> Markings From: INFOCNTR <PHMSA> Sent: Thursday, September 14, 2006 5:04 PM 06-0210 To: Drakeford, Carolyn <PHMSA> Subject: FW: 172.328(b)(e) Mr. Edward Mazz ulld, a formal interpretation to clear up some questions that are unclear to me. In regards to the regulation 172.328(b) (e), NON-ODORIZED marking on cargo tanks containing LPG, I would like name or near the placards? I will also like a formal interpretation pertaining to the same questions as above in regards to our Rail Cars hauling LPG. Is it correct to have the markings no less than 3.9" in height on two opposing sides near the proper shipping name or near the placards? Don Ladner Dufour Petroleum LP Safety Supervisor Thanks, Petal, Ms. 39465 P.O. Box 1184 Don Ladner 601-583-9991 Ext.238 9/15/2006#