Railroad Commission of Texas — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh Street, S.W. Hazardous Materials Safety Pipeline and Administration NOV 16 2006 Mr. James T. Osterhaus LPG Section Manager, Safety Division Ref. No. 06-0235 Railroad Commission of Texas 1701 North Congress Avenue Austin, TX 78711-2967 Dear Mr. Osterhaus: This responds to your letter dated October 18, 2006, regarding the NON-ODORIZED or NOT-ODORIZED marking on packagings containing unodorized Liquefied Petroleum Gas (LPG) under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). displayed on certain cylinders, portable tanks, cargo tanks, and tank cars and multi-unit Under the HMR, a NON-ODORIZED or NOT-ODORIZED marking is required to be tank car tanks containing LPG that is shipped unodorized in transportation in commerce (see §§ 172.301, 172.326, 172.328, and 172.330, respectively). You are correct that as of October 1, 2006, the NON-ODORIZED or NOT-ODORIZED marking may appear on a tank car or multi-unit tank car tank used for both unodorized and odorized LPG, as specified in $172.330. Although the requirements for marking a cargo tank do not specify that the marking may be displayed on a cargo tank used for both unodorized and odorized LPG, such display is not prohibited in accordance with the marking may appear on a cargo tank used for both unodorized and odorized LPG. prohibited marking in §172.303. Thus, the NON-ODORIZED or NOT-ODORIZED As a result of interest from the regulated community in prescribing requirements for both unodorized and odorized LPG, we intend to revisit this issue in a future rulemaking display of the NON-ODORIZED or NOT-ODORIZED marking on a cargo tank used for in order to specify similar requirements currently allowed for tank cars and multi-unit tank car tanks for certain cylinders, cargo tanks, and portable tanks. I hope this satisfies you inquiry. If we can be of further assistance, please contact us. Sincerely, /John 'À. Cale Office of Hazardous Materials Standards Chief, Regulations Development 172303 172.328 060235#

Page 210/18/06 08:55 FAX 512 463 7153 RRC SAFETY DIVISION 4001 Engrum ELIZABETH A. JONES, CHAIRMAN MICHAEL L. WILLIAMS, COMMISSIONER 172.328 MARYL. MODANIEL, P.E. VICTOR G. CARRILLO, COMMISSIONER EXAS Marking of Cargo Tank DIVISION DIRECTOR 06-0235 RAILROAD COMMISSION OF TEXAS SAFETY DIVISION October 18, 2006 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administratior 00 to 5e, Sardous Materials Safet /ashington, DC 2059 RE: Formal Lotter of Interpretation For HM-206B| To Whom It May Concern: The alica Cometorie of Tea regulates the te a spoteal of i ma ot in reway h Come roadways adopted The DOT representative told me only railroad tank cars marked "Non-Odorized" or "Not Odorized" are permitted 1o transport LP-Gas that is odorized. Yet day pore entire ol me there a merca on oried on that a inde a 2 5 a me the cargo tanks is odorized. I'm requesting a formal interpretation of HIV-206B, as it relates to "Non-Odorized" marking requirements on cargo tank transporting LP-Gas on public roadways. Specifically, Section IV, Paragraph A of HM-206B IV. Marking Requirements A. NON-ODORIZED Marking on Certain Cylinders, Portable Tanks, Cargo 172.301; 172.326; 172.328; and 172.330) Tanks, and Tank Cars Containing Liquefied Pctroleum Gases (Sec. Sincercly, James I. Satataus LPG Section Manager James T. Osterhaus Safety Division Phonc: (512) 463-6692 Railroad Commission of Texus James.Osterhauy@rrc.state.ts.us 1 701 NORTH CONGRESS AVENUE * POST OFFICE BOX 12967 * AUSTIN, TEXAS 78711-2967 * PHONE: 512/463-7158 * FAX: 512/463-731: IDD 800/735-2989 OR TDY 512/463-7284 * AN EQUAL OPPORTUNITY EMPLOYER * HTTP://WWW.RRC.STATE.TX.U#