Hawkins, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety ~drninistration- FEB 2 6 2933 1200 New Jersey Avenue, SE Washington, D.C. 20590 Mr. Chris W. Gibson EHS&R Manager Hawkins, Inc. 3 100 East Hennepin Avenue Minneapolis, MN 554 13 Ref. No.: 08-0027 Dear Mr. Gibson: This is in response to your January 22,2008 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1 - 1 80) applicable to cylinders. Your scenario involves the loading requirements for a highway shipment of cylinders in accordance with tj 177.840(a)(l). Specifically, you ask if a cylinder not equipped with a pressure relief device and filled with anhydrous ammonia may be loaded in a horizontal position. Anhydrous ammonia may be offered for domestic transportation as a Division 2.2 material or, otherwise, as a Division 2.3 material. The answer is yes. The last sentence in 5 177.840(;)(1) specifies "a pressure relief device, when installed, must be in communication with the vapor space of a cylinder containing a Division 2.1 (flammable gas) material." This provision does not apply to a cylinder not equipped with a pressure relief device or a cylinder not containing a Division 2.1 material. Therefore, the cylinders you describe may be transported in a horizontal position. I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 2January 22,2008 Mr. Edward T, M a d l o Director, Office of Hazardous Materials Standards U.S. DOTFHMSA (PHH- 10) 400 7th Street S.W. Washington, D,C. 20590-000 1 URGENT REQUEST FOR INTERPIRETATION RE: 49 CFR 177.840(a)(11 Dear Mr. Mazzullo: 49 CFR 177.840(a)(l) states the following: (a)(l) Cylinders. Cylinders containing Class 2 gases must be securely restrained in an upright or horizontal position, loaded in racks, or packed in boxes or crates to prevent the cylinders fiom being shifted, overturned or ejected fiom the motor vehicle under normal transportation conditions. However, after December 3 1,2003, a pressure relief device, when installed, must be in communication with the vapor space of a cylinder containing a Division 2.1 (flammable gas) material, Anhydrous ammonia is shipped in SO#, loo#, and 150# cylinders, without any type of pressure relief device. Based on the regulation above, can cylinders of anhydraus ammonia be shipped in a horizontal position.? For an example, please see the picture below:#

Page 3If you have any questions, I can be reached at 6 12-33 1-69 1 0, x855 1, fax at 61 2-33 1 -5304, or at chris.Gibson@hawkinsin.c.com Written replies can be sent to the following; C, W Gibson EHS&R Manager Hawkins, Inc. 3 1 00 East Hennepin Avenue Minneapolis, MN 5541 3 Thank you. Sincerely, - Chris W, Gibson EHS&R Manager Hawkins, Inc.#