Woodard & Curran — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 Ms. Kelly V. Camp CHMM Senior Project Manger Suite 100 95 Cedar Street Providence, RI 02903 Ref. No.: 08-0093 Dear Ms. Camp: This is in response to your March 25,2008 letter requesting clarification of the Hazardous Materials Regulations (HMR, 49 CFR Parts 17 1 - 180) regarding a water pump system tank containing limited quantities of compressed gases. Your questions are paraphrased and answered below. Q1: Section 173.306(g) specifies that "shipments are not subject to subpart F of this subchapter." Is the "subpart F" that is specified in this provision, Subpart F of Part 172? A1 . Yes. Also we will correct this oversight in a h r e rulemaking. 42: Section 173.306 is titled as "Limited Quantities of Compressed Gases." Is a water pump system tank that meets the packaging provisions in $ 173.306(g) required to comply with all of the applicable limited quantity provisions such as $ 172.203(b), which requires the addition of text to specify the described material as a limited quantity on the shipping paper, and $ 172.3 15, which allows the use of the identification number instead of the proper shipping name to be marked on the packaging? A2. Yes. 43. If a water pump system tank transported in accordance with $ 173.306(g) has a special permit that allows for certain exceptions (e.g., a 24-inch diameter limit is expanded to a 26- inch diameter limit), do the rest of provisions such as the placarding exceptions still apply despite not being mentioned in the special permit? A3. Yes. Unless the exception is specifically forbidden from use in the special permit, the exception would still be applicable.#

Page 244: Would the water pump system tank specified in 4 3 be subject to both the applicable special permit provisions (e.g., $9 172.203(a) and 172.30 1 (c)) and the limited quantity provisions (e.g., $$ 172.203(b) and 172.3 15(b))? A4: Yes. I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, 7 m - Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 3COMMITMENT &INTEGRITY DRIVE RESULTS 95 Cedar Street I Suite 100 T 800.985.7897 Providence, Rhode Island 02903 T 401.273.1 007 www.woodardcurran.com F 401.273.5087 March 25,2008 Office of Hazardous Materials Standards 4 Pipeline and Hazardous Materials Safety Administration b Attn: PHH-10 U.S. Department of Transportation WOODARD East Building &CURRAN 1200 New Jersey Avenue, SE. Washington, DC 20590-0001 RE: 1. Questions About 49 C.F.R. 173.306(g) I have reviewed 49 C.F.R. 173.306(g) and have the following questions: The introductory paragraph to 49 C.F.R. 173.306(g) states, "In addition, shipments are not subject to subpart F of this subchapter." Please confirm that this should reference subpart F of part 172, the regulations related to placarding. 2. 49 C.F.R. 173.306 is titled "Limited Quantities of Compressed Gases." Please confirm that the water pump system tanks referred to in paragraph (g) are limited quantities and are subject to the requirements for limited quantities in 49 C.F.R. 172.203(b) (for adding "Limited Quantity" or "Ltd. Qty." following the basic description on the shipping paper) and 49 C.F.R. 172.315 (allowing the use of the ID number in marking instead of the shipping name). 3. If a water pump system tank subject to paragraph (g) has a special permit that allows exceptions to some specific portions of the paragraph (e.g., the 24-inch diameter limit is permitted to be a 26-inch diameter limit), do the rest of the requirements of the paragraph apply, such as the exception to placarding? Placarding is not addressed in the special permit. 4. If a wate~ pump system tank subject to paragraph (g) has a special permit that allows exceptions to some specific portions of the regulation (e.g., the 24-inch diameter limit is permitted to be a 26-inch diameter limit), are such tanks also considered to be limited quantities and therefore, not only subject to the requirements for special permits in 49 C.F.R. 172.203(a) and 172.301(c), but also subject to the requirements for limited quantities in 49 C.F.R. 172.203(b) (for adding "Limited Quantity" or "Ltd. Qty." following the basic description on the shipping paper) and 49 C.F.R. 172.315 (allowing the use of the ID nurr~ber in marking instead of the shipping name)? Thank you for your help in addressing these questions. I can be reached at 401.273.1007 ext 2009 if you need clarification. . , , Sincerely, , , . . . . , . . , , , . . , ... . , WOOPARD-& CURRAN INC. . . ,. . . . . . . . . . . , . , . ( . , . G . . . . . . .#