Lovelace Gas Service, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration DEC 2 2 2008 1200 New Jersey Ave., SE Washington, DC 20590 Mr. Bill Lovelace Lovelace Gas Service, Inc. 10606 East Colonia Drive Orlando, Florida 328 18 Ref. No.: 08-0243 Dear Mr. Lovelace: This responds to your letter dated September 19,2008, regarding requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1 - 1 80) that apply to the placement of hazard warning labels on propane cylinders. You state that as a propane marketer and refiller of 20 pound cylinders, your company has placed over 900 "Flammable Gas" labels on propane cylinders. The cylinders at issue have never had the Flamm.able Gas label affixed to the cylinder (neck) for transportation, although they had contained Propane prior to customers bringing them in for refilling. You ask if your understanding is correct that a cylinder containing Propane should have a Flammable Gas label permanently affixed to the cylinder (neck), rather than on a removable "plastic sleeve" placed around the body of the cylinder that displays the Flammable gas label among advertisements. It is unclear whether you are addressing the placement of the Flammable Gas label on the neck of a cylinder that contains propane or cylinders that have been emptied and no longer represent a flammable gas hazard in transportation, but are brought to your company for refilling. Generally, a hazard warning label must be printed on or affixed to a surface (other than the bottom) of the package or containment device containing the hazardous material, and located on the same surface of the package and near the proper shipping name marking, if the package dimensions are adequate. As prescribed in § 172.400a(a)(i) and (ii) of the HMR, a hazard warning label is not required on a cylinder containing a Division 2.1,2.2 or 2.3 material that is not overpacked and durably and legibly marked in accordance with CGA Pamphlet C-7, Appendix A; that is, a neck ring, label may be used on a cylinder in place of a hazard warning label. A hazard warning label may be printed on or placed on a securely affixed tag, or may be affixed by other suitable means to a: 1) package that contains no radioactive material and that has dimensions less than those of the required label; 2) cylinder; and 3) package with such an irregular surface that a label cannot be satisfactorily affixed. Therefore, a removable "plastic#

Page 2sleeve" affixed to, or placed around the body of the cylinder that displays the Flammable Gas label for Propane is acceptable (See § 172.406). Cylinders that are emptied and cleaned and purged of residue and that no longer pose a hazard in transportation must be shipped in accordance with the empty packagings requirements prescribed in § 173.29. I hope this information is helpful. If we can be of fiuther assistance, please contact us. Sincerely, Charles E. Betts Chief, Standards Development Office of Hazardous Materials Standards#

Page 3Eflgrur~l 3 /72/ 406 LOVELACE GAS SERVICE, INC. 3/72 n 4 0 0 4 I0606 East Colonial Drive Orlando, Florida 32818 5 /72*+04 h h c h y li&-oaqz Office of Hazardous Materials Standards U.S. Department of Transportation 1200 New Jersey Ave, SE Washington, DC 20590 Ref: Labeling of DOT 4BA, 20# Propane cylinders To Whom It May Concern: We are a Propane Marketer and refiller of 20# propane cylinders. In the last several months we have had to place over 900 DOT UN1075 Flammable gas labels on propane cylinders. Those cylinders have never had the label affixed to cylinders for transportation, even though they had contained propane prior to customers bringing them for a refill. It is my understanding those labels should be permanently affixed to cylinders, so they cannot be easily removed and be readily visible to the consumer. However, others seem to believe it is not necessary to have the label affixed to cylinder, if plastic sleeves have printing of a label among the advertisement on sleeves. Plastic sleeves are not durable and a hindrance for visual inspection of cylinders before refilling. Therefore, must be removed for cylinder inspection. We have found when plastic sleeves have been added to 20# cylinders containing propane, there is substantial evidence that rust can form on cylinders caused by the plastic sleeves. This does not occur to cylinders, when plastic sleeves have never been on them. It would appear to me, the Hazardous Materials Regulations "Transportation" should be interpreted as requiring a permanent type label affixed on 20# cylinders for transportation when containing propane. This is because a 20# cylinder can be refilled many times and last several years. Therefore, I question, the logic of substituting permanent labels for temporary labels on nondurable plastic sleeves. The "transportation," label printed on plastic sleeve, is not visible from the front of cylinder where the consumer would normally view it during use. I would appreciate your assistance helping me to properly interpret the regulations in this matter. Sincerely, 17 ,U/~-L "Bill" Lovelace, Sr.#

Page 4This is one example, of why the "cylinder exchange world" would not end without plastic sleeves on cylinders. As you can see, the warning and label for "Transportation," are visible for consumer to see, no obstructions on cylinder, leaves it easy for a visual inspection and it has no plastic sleeve on it to result in rust.#

Page 5state, ai califomia to causoc inders that do not C can almacene; propane, Slustedo, unless tamper ovident cap or ane: Que so a bombora no se ha rellens calentadores, rad adores o hut 3 recreacionalesty en ouos it lame al servicio de bomberos No Intente hacer rep oLP Gas pesa más que elairo y uede deposiasa en ol contacto conci contenido en estado iguido cab o No pernita que los ninos se acerquen O jueguen cor o Solo para uso en extenores." Not • Familiancese con el olor del cas a Do not wil • Chemicats knot o Do not purchese or use /ADVERTENCIA Que egaseguro de que propane: o Advieno asup FLAMMABLE GAS PAILURE TO DBEY DANGERS, WORINGS AND INSTRUCTIONS CAN • CONTACT LP-GAS SUPPLIER FOR REPAIAS OR DISPOSAL OF THIS CYLINDER • DO NOT STORE A SPARE LP CYLINDER UNDER OR NEAR A BARBECUE GRILLS OR OTHER HEAT SOURCES, NEVER FILL AN LP CYLINDER BEYOTD 80% FULLE SINO RESPETAN LOS MENSAJES DeSLIUnO Y DE ADUCIDA NOIA • LEAKING LP-GAS MAY CAUSE FIRE OR EXPLOSION IF IGNITED Y LAS INSTRUCCIONES PUEDEN OCURRIR LESIONES DANOS OF OIGAS PROPANO QUE ESCAPE PUEDE CAUSAR FEUGO O EXPLOSION SI ESTA • PONERSE EN CONTACTO CON EL PROVEEDOR DEL GAS PROPANO PARA REPARAR O DISPONER ESTE CILINDRO O EL GAS PROPANO ZADO • NO ALMACENE CILINDROS DE PROPANO INUINOINE REPLIESTO DEBAJO * FIRE CAUSING DEATH OR SERIOUS INJURY MAY OCCUR RESULT IN DAMAGE, INJURY OR DEATH. • CO NOT REMOVE, DEFACE OR OBLITERATE THIS LABEL FOR OUTDOOR USE ONLY• •EXCEPTAS AUTORIZEO BY ANSIEDA SE ORGANICGA B1492 LIQUEFIED PETROLEUM GAS UN 1075 SOLAMENTE PARA USO AL AIRE LIBRE* • FLAMMABLE GAS UNDER PRESSURE OR UNUSED LP-GAS • GAS INFLAMABLE BAJO PRESION PELIGRO MUERTE. S ENCENDIDO#

Page 6label WHEN CONNECTIN Use only in com Readsand follow • Consult manufa cylinder connect Beasure regulato Turn off all valve To Connect: Ser Attach Applianc If Connector () wrench. If Conn Test for leaks: to all areas ma there is a leak. test again for le Never check for • Light appliance • When appliance FOR ASSISTAI è odor of LP Gas. If you hear, see or smell leaking • LEAKING LP-GAS MAY CAUSE FIRE OR EXPLOSION DISPOSAL OF THIS CYLINDER OR UNUSED LP•GAS LP Gas, immediately get everyone away from the cylinder and call the Fire Department. Do not attempt repairs. • CONTACT LP GAS SUPPLIER FOR REPAIRS OR • DO NOT STORE THIS CYLINDER IN A BUILDINGT Be certain cylinder is purged of trapped air prior GARAGE OR ENCLOSED AREA • Be certain not to overfill the cylinder. LIQUEFIED PETROLEUM GAS UN 1075 • Caution your LP Gas supplier 10: IF IGNITED to first filling. • Know-#

Page 7I USDOT LABELS FOR "TRANSPORTATION" ARE NOT AFFIXED TO CYLINDERS#