{"operation":"document","citation":"09-0123","title":"HazMat Resoureces, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-06-23","effective_on":null,"summary":"09-0123 response to HazMat Resoureces, Inc. concerning 173.315, 177.834.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0123.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0123.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0123","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090123.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials\nSafety Administration\nJUN 2 3 2009\n1200 New Jersey Ave, S.E.\nWashington, D.C. 20590\nMr. Daniel G. Shelton\nVice President\nHazmMat Resources, Inc.\n1 0 1 04 Creedmoor Road\nRaleigh, NC 276 1 5\nRef. No.: 09-0 123\nDear Mr. Shelton:\nThis is in response to your May 1, 2009 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 17 1 - 180) applicable to the transportation of\nliquefied petroleum gas (LPG) in storage tanks for permanent installation on consumer\npremises. You have provided several attachments to illustrate how these storage tanks are\ntypically loaded and secured on the motor vehicle. Your questions are paraphrased and\nanswered as follows:\nQ 1 : Section 8 173.3 156) authorizes the transportation of LPG storage tanks for permanent\ninstallation on consumer premises under specific conditions. In accordance with\n8 173.3 156), the tanks must be braced or otherwise secured on the vehicle to prevent relative\nmotion while in transit. This paragraph also references 5 177.834(a), which requires any\npackage containing any hazardous material that is not permanently attached to a motor\nvehicle to be secured against shifting, including relative motion between packages, within the\nvehicle on which it is being transported, under conditions normally incident to transportation.\nWhat is meant by the phrases \"on the vehicle\" and \"within the vehicle\" in the context of\ntj 173.3156)?\nAl: The phrase \"on the vehicle\" means that the tank is placed on the body of the vehicle, but\ndoes not address whether the tank extends beyond the envelope (outer edges) of the vehicle.\nThe reference to \"within the vehicle\" is a general requirement for all hazardous materials\nloaded for highway transportation and means that each hazardous material package must be\nloaded inside the outer envelope of the vehicle body. The phrase \"within the vehicle\" was\nnot intended to apply to storage tanks transported in accordance with $ 173.3 15(j).\n42: Would it be a violation of 8 177.834(a) if an LPG storage container for permanent\ninstallation on consumer premises transported by a private motor carrier were loaded and\ntransported as depicted in the photos provided with the tank extending roughly 32 inches\nbeyond the rear of the vehicle, provided all other conditions of 5 173.3 156) were satisfied?\n\n<<<PAGE 2>>>\n\nA2: No. Section 177.834(a) is a general highway loading requirement for all hazardous\nmaterials. Storage tanks loaded for transportation in accordance with 5 173.3150) ,must be\nloaded on the transport vehicle in accordance with 5 173.3150) and may extend beyond the\nenvelope or frame of the vehicle provided they are otherwise properly secured and protected\nfrom damage in accordance with $5 173.3150) and 177.848(a).\nQ3: Is it necessary to place orange or red flags on the end of the tank if it extends beyond\nthe back of the vehicle by less than 4 feet?\nA3: The HMR do not contain requirements for extended or oversized loads (e.g., orange\nand red flags to indicate the rear most portion of cargo transported by highway).\n44: Special permit 13341 requires an LPG storage tank to be loaded and secured on a motor\nvehicle such that the tank is completely within the envelope of the vehicle and does not\nextend beyond the vehicle frame. Does PHMSA intend to require all storage tanks for\npermanent installation at consumer premises by private motor vehicle to be transported in\naccordance with special permit 13341, or may they be transported under the HMR in\naccordance with 8 173.3 150)?\nA4: It is not necessary to transport an LPG storage tank in accordance with a special permit\n(e.g., SP 13341) unless it is not possible to comply with the conditions of 8 173.315(j).\nI hope this information is helpful. Please contact us if you require additional assistance.\nCharles E. Betts\nStandards Development\nof Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\n10104 Creedmoor Road\nRaleigh, N.C. 27615\nMay 1, 2009\nMr. Edward Mazzullo\nOffice Director, Office of Hazardous Materials Standards\nU.S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\nEast Building, 2nd Floor\nMail Stop: E21-317\n1200 New Jersey Ave., SE\nWashington, DC 20590\nMr. Mazzullo,\nPlease accept this letter as our request for an interpretation of 49 CFR 173.315(j) titled\nrequirements for the transportation of storage containers for liquefied petroleum gas for\npermanent installation on consumer premises by a private motor carrier. It is my\nunderstanding that storage tanks containing less than or equal to 5% LPG may be\ntransported by private carrier only if all the provisions identified in 173.315(j) are met.\nThose requirements are as follows:\n(j)(1) Each container must be constructed in compliance with the requirements in Section\nVIII of the ASME Code (containers built in compliance with earlier editions starting with\n1943 are authorized) and must be marked to indicate compliance in the manner specified\nby the respective Code.\n(j)(2) Each container must be equipped with safety devices in compliance with the\nrequirements for safety devices on containers as specified in NFPA 58 (IBR, see §171.7\nof this subchapter).\n(j)(3) The containers must be braced or otherwise secured on the vehicle to prevent\nrelative motion while in transit. Valves or other fittings must be adequately protected\nagainst damage during transportation. (See §177.834(a) of this subchapter.)\n(j)(4) Except as provided in paragraph (j)(5) of this section, containers shall not be\nshipped when charged with liquefied petroleum gas to more than 5 percent of their water\ncapacity.\nFax (877) 841-6023 Phone (423)863-2252\n\n<<<PAGE 4>>>\n\n(j)(5) Storage containers of less than 1,042 pounds water capacity (125 gallons) may be\nshipped when charged with liquefied petroleum gas in compliance with DOT filling\ndensity.\nIt appears there is a conflict regarding whether or not storage containers for liquefied\npetroleum gas must be transported wholly within the boundary of the transport vehicle or\nmy extend beyond the boundary of the transport vehicle. 173.315(j)(3) states in part that\nthe container must be on the vehicle but it goes on to reference 177.834(a) which states the\nfollowing:\nPackages secured in a motor vehicle. Any package containing any\nhazardous material, not permanently attached to a motor vehicle,\nmust be secured against shifting, including relative motion between\npackages, within the vehicle on which it is being transported, under\nconditions normally incident to transportation. Packages having\nvalves or other fittings must be loaded in a manner to minimize the\nlikelihood of damage during transportation.\nThe phrase within the vehicle on which it is being transported is problematic and is\ninconsistent with the phrase in 173.315(j)(3) which states it must be on the vehicle. It is\nmy understanding of the words that ‘being on the vehicle” does not mean the same as\n“within the vehicle.”\nFor years the LPG industry has transported literally thousands of storage containers for\nliquefied petroleum gas for permanent installation on consumer premises to be transported\nby private motor carriers with equipment and configurations illustrated in Attachment 1\nand in accordance with 173.315(j) without any HM Incidents. Numerous manufacturers1\ndesign and build service trucks and trailers specifically designed to service and transport\nthese storage containers to and from consumer premises. We also believe that it was not\nthe Departments intent to require these storage tanks be within the vehicle if all the\nrequirements of 173.315(j) are complied with. If you look at Special Permit 13341, this SP\nauthorizes the one-way transportation in commerce of liquefied petroleum gas (LPG) in\ncertain non-DOT specification storage tanks by private carrier motor vehicle that are not in\ncompliance with 173.315(j) (4) because they are charged to greater than 5% of their\ncapacity. In this particular instance the Department did intend for these storage containers\nto be within the envelope of the vehicle. Section 7 (b)(8) of SP 13341 states:\nEach tank transported under this special permit must be loaded and secured on a motor\nvehicle such that the tank is completely within the envelope of the vehicle and does not\nextend beyond the vehicle frame.\n1 See Attachment 2 – Brochure from H & H Sales and Attachment 3 – Brochure from Stellar Industries\n\n<<<PAGE 5>>>\n\nI have provided for your inspection and review the following information:\n1. 2. 3. 4. Attachment 1 – photos of various configurations of service trucks and trailers\ntransporting storage containers for liquefied petroleum gas for permanent\ninstallation on consumer premises by private motor carriers.\nAttachment 2 – Brochure from H & H Sales @ www.hhsalescompany.com\nAttachment 3 – Brochure from Stellar Industries @ www.stellar-industries.com\nAttachment 4 – Interpretation 06-0223 (photos show similar configuration)\nPlease respond to the following questions.\n1. 2. 3. 4. 5. Is in the intent of the Department to continue to permit storage containers for\nliquefied petroleum gas for permanent installation on consumer premises to be\ntransported by private motor carriers in compliance with 173.315(j) and not under\nspecial permit 13341 in accordance with those configurations illustrated in Photo 1,\n2, 3, 4, 5 and 6 of attachment 1?\nIs it acceptable to transport storage containers for liquefied petroleum gas for\npermanent installation on consumer premises by a private motor carrier a storage\ncontainer that overhangs the rear of the service truck less than 4 feet with no red or\norange warning flags identifying the rear most extremities of the projecting storage\ncontainer.\nWhat does the Department mean by the phrase “on the vehicle” and the phrase\nwithin the vehicle in the context of 173.315(j)(3)?\nWould it be a violation of 177.834(a) if a storage container for liquefied petroleum\ngas for permanent installation on consumer premises by a private motor carrier was\ntransported in accordance with Photo 4 or 5 (extending 32 inches beyond the rear of\nthe vehicle) if all the provisions of 173.315(j) were complied with?\nHow can you comply with 173.315(j)(3) which states the storage container must be\non the vehicle and then in the same section refer to 177.834(a) which would\nindicate the storage container must be within the vehicle?\nThank you in advance for your timely reply.\nSincerely\nDaniel G. Shelton\nVice President\nHazMat Resources, Inc.\nAttachments: 1 – Photos\n2 – Sales Brochure from H & H Sales, Inc.\n3 – Sales Brochure from Stellar Industries\n4 – Interpretation 06 – 0223\n\n<<<PAGE 6>>>\n\nStorage containers for LPG\nPhoto 1\nThis photo was taken at the\nMidwest Propane Convention in\nIndianapolis, IN 2006. Note\nhow the tank overhangs the rear\nof the transport vehicle but does\ncomply with the intent of\n173.315(j)(3) because it is\nsecurely attached on the vehicle,\nit is just not within the boundary\nof the vehicle\nPhoto 2\nThis is a different view of the\nsame configuration.\nPhoto 3\nThis picture depicts a straight\ntruck with a lifting arm and a\ntrailer that also used to transport\nstorage containers for liquefied\npetroleum gas for permanent\ninstallation on consumer\npremises. In this configuration\nyou could actually transport two\nstorage tanks, one on the trailer\nand one on the service truck.\n\n<<<PAGE 7>>>\n\nStorage containers for LPG\nPhoto 4\nThis is a typical configuration of\na service truck with a crane that\nis used to transport storage tanks\nwith less than or equal to 5%\nLGP.\nPhoto 5\nThis is a different view of the\nsame configuration.\nPhoto 6\nThis picture depicts a trailer that\nwould be used to transport a\nstorage container. Note the\ndistance the tank extends from\nthe rear of the transport vehicle.\n\n<<<PAGE 8>>>\n\nKM SERIES,\nEM & EMGC SERIES\nCRANE EQUIPPED\nTRUCK BODIES\n©2004 H&H Sales Company, Inc.\nGive your operation a lift with an\nH&H crane-equipped truck body\nModel 96-132KM with hydraulic\noutriggers and 6406H crane.\nFor LP-Gas handling or field ser-\nvice/heavy equipment installa-\ntions H&H crane-equipped truck\nbodies make loading, hauling,\nand unloading manageable, one-\nman job. That means you can\nmake service, installation, and\ndelivery calls in a lot less time at\na lot better profit.\nOur crane-equipped body styles\nare available in several models to\nfit any one-ton truck chassis.\nEach truck body is ruggedly con-\nstructed and loaded with conve-\nnient, functional features to keep\nyour company ahead of compe-\ntition. We can also outfit bodies\non larger chassis.\nModel 96-132KM with 5005HPE crane from street side.\nCrane Selection\nThe heavy-duty, all-hydraulic Auto\nCrane 5005HPE shown above is\none of the units offered on H&H\ncrane-equipped truck bodies. It fea-\ntures an extendable 20 ft. boom,\n370° power rotation, and lifting ca-\npacities of 5,000 lb. at 5 ft. and 1,250\nlb. at 20 ft. Cranes up to 38,000 ft.\nlb. available. Other brands of\ncranes are also available.\n\n<<<PAGE 9>>>\n\nService and Installation\nModel 96-144EM with aluminum tool boxes (above) and\ngalvannealed steel tool boxes (left).\nThe 96-132KM Series Crane\nBody is designed with storage\nspace on the curb side, thus\nallowing the street side open\nto accommodate loading of\ntanks or heavy equipment.\nThe rear curb side cabinet is\nreinforced and can handle up\nto a 38,000 ft. lb. crane. This\nrear curb side crane mount\nprovides excellent versatility\nand efficiency when loading or\nunloading heavy or bulky\nequipment. (Crane and storage\ncompartments can be mounted\non street side if desired).\nH&H rugged construction\nfeatures 3/16 tread plate on\nbed and 1/8 on compartment\ntops and backs. Body is 14\ngauge galvannealed steel. The\n67 cubic ft. of storage space\noffers optional shelves and\ndrawer assemblies. We offer\nthree different size cranes to\nmeet your equipment handling\nrequirements.\nH&H provides EM Series ser-\nvice/installation bodies in 120 ,\n144 , 168 and 180 lengths.\nThese functional bodies have\nno raised wheel wells, so you\ncan use the entire bed. Steel\n“D” rings are standard on all\nbodies for securing loads.\nFront mounted service boxes\nare available for keeping tools\nand small parts organized.\nThe boxes are keyed alike,\nreinforced on the outside edges\nand base, and measure 42\nhigh x 36 wide x 14 deep.\nModel 96-144EM with 1500 lb. capacity lift gate.\n\n<<<PAGE 10>>>\n\nCrane Bodies\nAdditional boxes can be\nmounted behind front box.\nOther features can include DOT\nmounting kit, mud flaps, trailer\nelectrical connector, rear\nbumper and receiver tube with\nslide-out adapter and 2-5/16”\nball, moisture-proof ICC ap-\nproved lighting, underbody rust\nprotection, and acrylic enamel\npaint finish. LED lights also\navailable.\nAll-purpose 10’ or 12’ EMGC\nSeries truck bodies team the\ncrane of your choice with a 24”\nx 44” In-Bed™ hydraulic lift\nplatform capable of lifting 1250\nlb. That means outstanding\nversatility.\nStandard EMGC Series features\ninclude DOT mounting kit, rear\nwheel mud flaps, undercoated\nframe and flooring for rust pro-\ntection, DOT required decals.\nIn-Bed™ lift platform makes\nloading and unloading cylin-\nders and other equipment easy.\nHydraulic control provides a\nsmooth lift. Outside safety lock\nkeeps gate securely in place.\nModel 96-169KM with front mounted, street-side tool boxes and hydraulic\noutriggers (above).\nModel 96-132KM with custom 12-inch floor extension (below).\nOVERALL FLOOR APPROX. CHASSIS CRANE REQUIRED REAR\nMODEL WIDTH LENGTH WEIGHT REQ. CA MOUNT CRANE BASE HITCH\n96-120-EM 96\" 120\" 1825 lb. 60\" REAR 18\"H Std.\n96-144-EM 96\" 144\" 2190 lb. 84\" REAR 18\"H Std.\n96-168-EM 96\" 168\" 2560 lb. 108\" REAR 18\"H Std.\n96-180-EM 96\" 180\" 2740 lb. 120\" REAR 18\"H Std.\n10-EMGC 96\" 120\" 2000 lb. 60\" FRONT 18\"H Opt.\n12-EMGC 96\" 144\" 2500 lb. 84\" FRONT 18\"H Opt.\n96-108KM 96\" 108\" 2388 lb 60\" REAR CABINET MOUNT Std.\n96-132KM 96\" 132\" 2811 lb 84\" REAR CABINET MOUNT Std.\n96-169KM 96\" 169\" 3622 lb 108\" REAR CABINET MOUNT Std.\nAll bodies have 3/16\" steel treadplate floor standard. (3/16 x 1\" type 19W4 open bar grate floor is optional)\nAll bodies have 3\" x 4.1# structural channel floor cross members (KM utilizes some tubing structure.)\nAll bodies meet FMVSS 108 and ICC standards for vehicle lighting.\nAll bodies have tie-down loops either bolted or welded to floor (bar grate floor has recessed tie-down loops.)\nMax. crane: 6000 lb. Capacity or 38,000 ft. lb./Minimum chassis GVWR for 6000 lb. Crane: 17,500 lb.\nSee separate specification pages for tool box dimensions.\n\n<<<PAGE 11>>>\n\nOptions\nEquipto® pull\nout drawer unit.\nOutrigger shown\nin down position.\nUnderbed concrete block holder. Chock block holder.\nDouble utility cabinet with optional\nover-the-wheel cabinet.\nFull bumper arrangement. Bumper shown with optional vise.\nRemovable vise mounting bracket is\nalso available.\nDrop down/removable side railing,\nshown up.\nOptional drop down/removable side\nrailing.\nTie down loop (standard).\nH&H Sales Company reserves the right to change\nspecifications and component parts without notice.\nEMGC models\nfeature a standard\nIn-BedTM lift gate.\nMEMBER\nPROPANE GAS National Association\nForm No. 34-5588 © 2004 H&H Sales Company, Inc.\nPrinted in USA\n\n<<<PAGE 12>>>\n\nSTELLAR® LP GAS SERVICE TECHNICAL SPECIFICATION GUIDE\nLP GAS\nService Trucks\n®\nOur People. Our Products.\n\n<<<PAGE 13>>>\n\nSTELLAR® LP GAS SERVICE TECHNICAL SPECIFICATION GUIDE\nService Cranes\nModel\nCrane Rating\nBoom Length*\nMax Reach*\nLifting Capacities\nPower Supply\nEC3200\n11,500 ft-lbs (1.59 ton-m)\n7’ (2.13 m)\n15’ (4.57 m)\n3,200 lbs @ 3’ (1451 Kg @ .9 m)\n640 lbs @ 15’ (260 Kg @ 4.6 m)\n12 volt power\n2.0 gpm @ 2600 psi\n4420\n16,000 ft-lbs (2.23 ton-m)\n10’ (3.05 m)\n20’ (6.10 m)\n4,000 lbs @ 4’ (1814 kg @ 1.22 m)\n800 lbs @ 20’ (365 kg @ 6.10 m)\nPTO 2.0 gpm @ 2600 psi\n12 volt power E/H (Optional)\n5520\n25,000 ft-lbs (3.46 ton-m)\n10’ (3.05 m)\n20’ (6.10 m)\n5,000 lbs @ 5’ (2268 kg @ 1.52 m)\n1250 lbs @ 20’ (565 kg @ 6.10 m)\nPTO 4.5 gpm @ 2850 psi\n12 volt power E/H (Optional)\n6620\n38,000 ft-lbs (5.25 ton-m)\n10’ 9\" (3.28 m)\n20’ 9\" (6.32 m)\n6,000 lbs @ 6’ (2722 kg @ 1.83 m)\n1825 lbs @ 20’9\" (830 kg @ 6.32 m)\nPTO 8 gpm @ 2850 psi\n6628\n38,000 ft-lbs (5.25 ton-m)\n13’ (3.96 m)\n28’ (8.53 m)\n6,000 lbs @ 6’ (2722 kg @ 1.83 m)\n1350 lbs @ 28’ (1130 kg @ 8.54 m)\nPTO 8 gpm @ 2850 psi\nDefining Characteristics\nRemote Control\nStellar Industries was the first U.S. manufacturer to include the state-of-the-art fully proportional multi-functional remote control as\na standard feature. The radio remote incorporates a variable speed trigger that allows the operators to feather the crane with\nprecise control. Additionally, the radio remote control handle features engine start/stop functions, compressor on/off, engine speed\ncontrols, and an emergency shut-off.\nPlanetary Drive Winch System\nTo maximize winch speed, Stellar Industries has incorporated a planetary drive winch system with line speeds up to 60-ft/min\n(18.29 m), giving the Stellar crane over twice the speed of the competition. In addition to speed, the planetary winch also\nprovides mechanical and hydraulic breaks for added security.\nHexagonal Boom Design\nHexagonal booms are stronger and greatly reduce boom flex and side to side movement.\nGreaseless Bushings\nMaintenance free greaseless bushings.\nStainless Steel Pivot Pins\nLower maintenance and extend life.\nUp to 28’ of Hydraulic Reach (on 6628)\n2-stage hydraulic extensions. No manual extensions (on 6620 and 6628).\nDual Acting Counter Balance Valves\nIntegrated into cylinders.\nFlip Sheave Standard\nAnti Two-Block Device\nNOTE: All Stellar cranes meet ANSI B30.5 and OSHA 1910.180 specifications.\nSpecifications subject to change without notification.\n\n<<<PAGE 14>>>\n\nLP Service Crane Capacity Chart*\nLP Service Body Information\nstellarindustries.com\n*This data is for reference purposes only, and\nis not intended to replace a properly calculated\nweight distribution.\nClass1 LP Service Body\nCrane Models: EC3200\n4420\n5520\n6620\n6628\nCab to Axle: 108” (274.32 cm)\nBody Length: 14’ (426.72 cm)\nTruck Body Features\n• Torsion box understructure\n• Street side or curb side steel tool compartments\n• Multiple number of compartment options\n• Street-side or curb-side 2-piece removable or fixed fence\n• Optional non-skid Scorpion tough coat spray floor covering\n• Slide in aluminum tailboard\n• Heavy duty rear step bumper w/ 2\" receiver tube\n• Multiple outrigger options available\n• Two-part polyurethane enamel\n• Automotive style electrical wiring harnesses\nClass2 LP Service Body\nCrane Models: 5520\n6620\n6628\nCab to Axle: 84” (213.36 cm)\nBody Length: 12’ (365.76 cm)\nTruck Body Features\n• Torsion box understructure\n• Street-side or curb-side steel tool compartments\n• Multiple number of shelving options\n• Optional street side or curb side removable fence with\noptional E-Track\n• Optional non-skid Scorpion tough coat spray floor covering\n• Heavy-duty rear step bumper w/ 2\" receiver tube\n• Multiple outrigger options available\n• Two-part polyurethane enamel\n• Automotive style electrical wiring harnesses\n®\n\n<<<PAGE 15>>>\n\nLP Gas Service Truck Package\nThe Class 1 & 2 LP Gas Service Trucks from Stellar Industries, Inc. are extremely versatile service trucks. They\nmake transporting, loading and unloading gas cylinders a simple, single-person operation without the need of a\ntrailer or additional setting equipment.\nThe LP Gas Service Bodies are designed to haul a single 1000-gallon or two 500-gallon propane tanks, plus\neverything necessary to install and service the tanks. These service trucks are also designed to safely and\nsecurely carry small LP tanks with the use of E-track and a fold down side rack (optional on all models).\nOperating a Stellar LP Gas Service Truck is an ideal addition to any propane business because it is easy to use\nand only requires one operator.\nAll cranes are operated with a fully proportional radio remote control that is a standard feature.\nStellar Industries, Inc. works hard to give you a service truck that offers versatility, dependability and efficiency.\nStellar is committed to giving you the competitive edge.\nYour local dealer:\n®\nOur People. Our Products.\n190 State Street\nP.O. Box 169\nGarner, IA 50438\nTelephone: (641) 923-3741 • (800) 321-3741\nFax: (641) 923-2812\nInternet: www.stellarindustries.com\nEmail: sales@stellarindustries.com\nAn Employee Owned Company.\nCopyright © 2008 Stellar Industries, Inc.\n10/08\n\n<<<PAGE 16>>>\n\nof Transportation\nU.S. Department\nNOV 15 2006\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nPipeline and\nAdministration\nHazardous Materials Safety\nMr. Michael Ritchie\nRef. No.: 06-0223\nMinnesota Department of Transportation\nOffice of Freight & Commercial\nVehicle Operations\n395 John Ireland Blvd., MS 460\nSt. Paul, MN 55155\nDear Mr. Ritchie:\nrequirements for bulk packagings under the Hazardous Materials Regulations (HMR; 49\nThis is in response to your September 22, 2006 letter regarding labeling and placarding\nof a liquefied petroleum gas (LPG) storage container that is constructed to the American\nCFR Parts 171-180). Specifically, you ask a series of questions regarding transportation\nSociety of Mechanical Engineers (ASME) Code and is for permanent installation on\nconsumer premises. You state that the tanks generally have a capacity of 500 or 1,000\ninclude pictures of these bulk propane storage containers loaded on tank setting trailers\ngallons and satisfy the conditions of § 173.315(j) for LPG storage containers. You\nand flat bed trucks. Your questions are summarized and answered as follows:\nQ1: Does an LPG bulk storage container meet the definition of \"portable tank\" as defined\nin § 171.8 or \"other bulk packaging\" as referenced in §§ 172.331 and 172.514?\nAl: An LPG bulk storage container that meets the conditions of § 173.315(j) and is built\nin compliance with section VIII of the ASME Code is not considered a portable tank as\ndefined in § 171.8. A bulk storage container meeting the conditions set forth in\n§ 173.315(j) is considered a non-specification bulk packaging, or \"other bulk packaging\"\nfor hazard communication requirements of Part 172.\nQ2: Is an LPG bulk storage container subject to labeling requirements for a bu k\npackagings specified in § 172.400(a)(2). See Al.\nA2: The LPG bulk storage container is subject to the labeling requirements for bulk\nQ3: Is an LPG bulk storage container required to be labeled if the tank setting trailer is\nplacarded in accordance with Subpart F of Part 172?\n172.400\n060223\n172.514\n\n<<<PAGE 17>>>\n\nvolumetric capacity of less than 18m' (640 cubic feet) is required to be labeled in\nA3: Yes. A bulk packaging, other than a cargo tank, portable tank, or tank car, with a\naccordance with § 172.400(a)(2) unless the packaging itself is placarded in accordance\nwith Subpart F of Part 172.\nQ4: Is an LPG bulk storage container eligible for the placarding exception in\n§ 172.514(c)(1) applicable to portable tanks; or, is it eligible for the exception in\n§ 172.514(c)(3) for a bulk packaging, other than a portable tank, cargo tank, or tank car?\nA4: The LPG bulk storage container is eligible for the exception in § 172.514(c)(3) for a\nbulk packaging, other than a portable tank, cargo tank, or tank car. See A1.\nstorage container than a 1,000 gallon LPG bulk storage container?\nQ5: Are the labeling and placarding requirements different for a 500 gallon LPG bulk\n18m° (640 cubic feet).\nA5: No. Provided the volumetric capacity of each LPG bulk storage container is below\nQ6: Is the LPG bulk storage container required to be placarded if it is loaded on a tank\nsetting trailer or flat bed truck that is placarded?\nA6: The LPG bulk storage container must be placarded, unless it is labeled on two\ntrailer or flat bed truck do not preclude the requirement to label or placard the bulk\nopposing sides in accordance with § 172.400(a)(2). Placards displayed on a tank setting\npackaging.\nQ7: Is it permissible to display placards and identification numbers when transporting an\nempty LPG bulk storage container?\npackaging or transport vehicle unless the bulk packaging or transport vehicle contains a\nA7: The HMR prohibit the display of labels, placards or identification numbers on a bulk\nmaterial that meets the definition of a hazardous material under the HMR. However, a\npackaging or transport vehicle that contains a residue of a hazardous material must\ndisplay the appropriate labels, placards, and identification numbers unless otherwise\nexcepted under § 173.29.\nI hope this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 18>>>\n\nMinnesota Department of Transportation\nOffice of Freight and Commercial Vehicle Operations\n395 John Ireland Blvd.\nSt. Paul, MN 55155-1899\nEichenlaub\n5172. 400\n8172-514\nSeptember 22, 2006\nLabeling@ Placarding\nPipeline and Hazardous Materials\nUS Department of Transportation\n01-0223\nSafety Administration PHH-10\nMr. John Gale\n400 Seventh Street S.W.\nWashington, D.C. 20590\ntransportation.\nRE: Labeling and Placarding requirements for Propane Storage Containers during\nDear Mr. Gale:\nlabeling and placarding of propane storage tanks and the tank setting trailers used for\nWe have received questions from industry and enforcement personnel concerning\ngulations have been interpreted differently in different States, and has requested writte\nansportation and installation of the tanks. A propane industry representative says the\nclarification.\nThese tanks are those referenced in 49 CFR 173.315 (i). Photographs of the tanks and the\ntank setting trailers are included with this letter. Most tanks used in this area are either\n500 gallons or 1000 gallons capacity.\nA clarification letter from RSPA to Kamps Propane, dated August 26, 1994, indicates\nother than portable tanks and cargo tanks. In a letter to Level Propane on December 22\nhese tanks should be marked in accordance with 49 CFR 172.331 for bulk packagings\n1999, Ref. No. 99-0262, RSPA references an exception provided in 49 CFR 172.514 (›\nallowing labeling instead of placarding on certain bulk packagings.\nLabeling\n• Are these storage tanks for installation on a consumers premises \"portable tanks\"\nas defined in 49 CFR 171.8 or \"other bulk packaging\" as referenced in 49 CFR §S\n172.331 and 172.514 and other sections?\n• While in transportation, are they subject to the labeling requirements of 49 CFR\nsubparagraph (3) for portable tanks?\n172.400 (a) (2) for bulk packaging other than portable tanks or cargo tanks or\n• Is labeling required on these tanks during transportation, if the trailer is\nplacarded?\nAn equal opportunity employer\n\n<<<PAGE 19>>>\n\nPlacarding\n• Are these tanks covered by the placarding exception in 49 CFR 172.514 (c) (1)\nfor portable tanks or by subparagraph (3) for \"other bulk packaging?\n• Are the requirements different for a 500-gallon tank and a 1000-gallon tank?\n• When transporting these tanks on a tank setting trailer or on a flat bed truck, are\nplacards required on the storage tank if the truck or trailer is displaying the correct\nplacards and ID numbers?\n• Must placards and ID numbers be removed when transporting an empty tank\nsetting trailer?\ntelephone or e-mail address listed below.\nThank you for your assistance. If you have any questions, you can contact me at the\nYours truly,\nMichael Ritchie\nHazardous Materials Specialist\nMinnesota Department of Transportation\nOffice of Freight & Commercial\nVehicle Operations\n395 John Ireland Blvd., MS 460\n(651) 215-6326\nSt. Paul, MN 55155\nMichael.Ritchie@dot.state.mn.us","truncated":false,"body_characters":29506}