Ferrellgas LP — Hazardous Materials Safety Interpretation

Page 1U.S. Department 1200 New Jersey Avenue SE of Transportation Washington, DC 20590 Pipeline and Hazardous Materials Safety Administration Mr. Jerry Swank Ferrellgas LP One Liberty Plaza MD# 5 Liberty, MO 64068 Reference No.: 11-0270 Dear Mr. Swank: This responds to your letter requesting clarification of Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the record keeping requirements for Department of Transportation (DOT) specification cylinders that have been vis~ally inspected and requalified. Specifically, you ask whether the actual cylinder dimensions are required to be included on the requalification record specified in § 180.215, when a visual inspection and requalification are performed on DOT specification steel cylinders and low pressure aluminum cylinders. The answer is yes. The actual cylinder dimensions are required to be included on the requalification record specified in § 180.215. The requirements for reporting and record retention of cylinders, including DOT specification steel cylinders and low pressure aluminum cylinders, are specified in § 180.215. In accordance with § 180.215(b)(2), the date of requalification; serial number; DOT specification or special permit number; marked pressure; actual dimensions; manufacturer's name or symbol; owner's name or symbol, if present; result of visual inspection; actual test pressure; total, elastic and permanent expansions; percent permanent expansion; disposition, with reason for any repeated test, rejection or condemnation; and legible identification of test operator must be included on the requalification record. You also state in your incoming letter that based on the requirements of the Compressed Gas Association (CGA) Pamphlet C-6 or C-6.3 and § 180.209(g), it is your opinion that the actual dimensions of the cylinder are not required on the requalification record. As noted in your letter, the external visual inspection of a DOT specification cylinder must be completed in accordance with the CGA Pamphlet C-6 or C-6.3, as applicable. However the specific reporting and record retention requirements must be recorded and maintained in accordance with § 180.215. Further, in your letter, you state that § 180.209(g) lists specific information that visual inspection records must include and that this list makes no#

Page 2mention of actual cylinder dimensions. You are correct that this list does not include actual cylinder dimensions. However, this list is not all encompassing and § 180.209(g) further states that records "must be recorded and maintained in accordance with § 180.215." I hope this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 3",FerrellgQs ~ ~ 12>0 . 2( £> ~~e-~~ is IS 0 ·7°4 ~ [,nolers ,( ... ()t..;70 October 21,2011 Mr. Charles E. Betts Director, Office of Hazardous Materials Standards U.S. DOT/PHIVISA (PHH-10) 1200 New Jersey Avenue, SE East Building, 2nd Floor Washington, DC 20590 Mr. Betts, Please accept this letter as our request for an interpretation of 49 CFR 180.215 titled; reporting and record retention requirements. At our facilities we perform visual requalification inspections on both steel and aluminum LPG cylinders. We don't perform any pressure testing or rebuilding of LPG cylinders. Recently our company received a PHMSA audit. According to the PHMSA Investigator, based on 180:215, we were in violation for not recording the size of cylinders in actual dimensions. He referenced 180.215(b)(2) Pressure test and visual inspection records; stating this re,quired Lis to record the actual dimensions of the cylinders we performed the visual requalification inspection on. It is my contention, based on CGA 0;..6 pampblets/information to perform visual inspections, reGording the-actual qimensions of a cylinder is not required. In 5.2.6:1 MeasuremenqCGA C;6 2007) it explains:how:cylinders with bulges can be measured and whatthe' limits are for cylinders to be condemned. I don't find any where in CGA C-6 or CGA C-6.3 where it states that every cylinder must or shall be measured for size and recorded. It only states that cylinders with bulges can be measured to determine if the amount of bulge would condemn the cylinder. ' ..... t·L . In 49 CFR 180.209(g) titled; requirements for requalification of specification cylinders, the following1verbiage is li~ted: .':; Records mt1$t include: date of inspection (monthcmd year); DOT specification number;, cylinder identification (registered symbol and serial number, date bfman,ufacture, and owner); type of cylinder protective coating (including statement as to need of refinishing Dr recoating); conditions checked (e.g., leakage, corrosion, gouges, dents Dr digs in shell Dr heads; broken Dr damaged footring Dr protective ring Dr fire damage); disposition of cylinder (returned to service, returned .to: cylinder manufacturer for repairs Dr condemned) .... , Nothing is listed about "actual dimensions" of cylinder. www.ferrellgas.com One Liberty Plaza· Mail Drop #5. Liberty, MO 64068. Telephone: 816-792-1600. Fax: 816-792-7884#

Page 4In Appendix A, a sample visual inspection report is shown but does not have a column for listing the size of the cylinder in actual dimensions. I understand this is information only and is not part of the regulation. However, if it is required then wouldn't eGA's sample form have a column to list the actual dimensions of the cylinder? Please respond to the following question. 1. When performing visual inspection and requalification of specification . steel compressed gas cylinders and low pressure aluminum compressed gas cylinders, are the actual dimensions of the cylinder required, by 49 CFR 180.215(b)(2), to be recorded on the requalification record? Thanks for your time in reviewing my question and interpretation of 49 CFR 180.215. I look forward to your timely reply. Sincerely ~~ Jerry Swank 816-792-6809 Manager DOT Compliance Ferrellgas LP One Liberty Plaza MD# 5 Liberty, MO 64068#