{"operation":"document","citation":"15-0010","title":"Hexagon Ragasco North America Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-06-16","effective_on":null,"summary":"15-0010 response to Hexagon Ragasco North America Inc. concerning 172.303, 172.401.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0010.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0010.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0010","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/150010.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n1200 New Jersey Avenue SE\nWashington. DC\n20590\nMaterials Safety\nPipeline and Hazardous\nAdministration\nJUN 1 5 2015\nMs. Jonas Berglund\nSenior Technical Advisor\n5117 NW 40th Street\nHexagon Ragasco North America Inc\nLincoln, NE 68524\nReference No. 15-0010\nDear Mr. Berglund:\nThis is in response to your January 14, 2015 e-mail requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to composite cylinders\nmanufactured by your company in accordance with DOT Special Permit (DOT-SP) 12706.\nYour email states that the cylinders are marked in accordance with the provisions of the\nspecial permit and subsequently delivered to a propane gas company empty, without\ncontaining propane. Your questions are paraphrased and answered as follows:\nQ1. You ask if it your responsibility as a manufacturer to mark and label the empty\ncylinders in accordance with Subparts D and E of Part 172, or whether this is the\nresponsibility of the company that fills the cylinder with propane for the first time.\nA1. In accordance with §§ 172.303(a) and 172.401(a) no person may offer for transportation\nor transport a package which is bearing a hazard label, marked with the proper shipping\nname, the identification number of a hazardous material or any other markings indicating\nthat the material is hazardous unless the package contains the identified hazardous material\nor its residue. However, 8§ 172.303(b) and 172.401 (d) specifically permit transport of an\nunused package, such as the cylinder in your scenario, in a transport vehicle or freight\ncontainer if the package is not visible during transportation and is loaded by the shipper and\nunloaded by the shipper or consignee.\nTherefore, empty unused cylinders may be marked and labeled by the manufacturer if the\nprovisions in §§ 172.303(b) and 172.401(d) are met. Alternatively, the manufacturer may\noffer empty cylinders without marks or labels to the filling company who would\nsubsequently mark and label prior to transport.\nQ2. Paragraph 8.c. of DOT-SP 12706 requires that a current copy of this special permit\nmust be maintained at each facility where the package is offered or reoffered for\ntransportation. You ask whether a retail propane exchange location that does not fill the\ncylinders with propane themselves, but instead receives filled cylinders from a propane\nfiller, and subsequently sells the full cylinders to end consumers must to maintain a copy of\n\n<<<PAGE 2>>>\n\nthe special permit. You further note that the exchange location/retailer will hold the filled\ncylinders in a cage and sell them to the end consumer, but not transport them.\nA2. Provided the retail propane exchange does not offer or reoffer the cylinders for\ntransportation in commerce from this location a copy of the special permit is not required to\nbe maintained at the location. However, a copy of the special permit is required to be\nmaintained at the retail propane exchange if cylinders are offered or reoffered by the\nexchange for transportation in commerce.\nI trust this information is helpful. If you have further questions, please do not hesitate to\ncontact this Office.\nSincerely,\nDuane 1. 772\nDuane Pfund\nInternational Standards Coordinator\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nWiener\n172-407.172.417\n• Goodall, Shante CTR (PHMSA)\nLabeling\nFrom:\nSent:\nBetts, Charles (PHMSA)\n15-0010\nTo:\nCc:\nSubject:\nAttachments:\nRequest for interpretation, SP12706, what markings need to be applied before shipping,\n20150114.pdf; Request for interpretation, SP12706, Who must hold copy of SP,\n20150114.pdf\nImportance:\nHigh\nShante -\nPlease log and assign to a specialist for response.\nThanks,\nCharles\nFrom: Jonas Berglund [mailto:jonas.berglund@hexagonragasco.com]\nTo: Betts, Charles (PHMSA)\nSent: Wednesday, January 14, 2015 5:21 PM\nSubject: Request for interpretation\nGood afternoon Mr Betts,\nI've sent you a request for interpretation before, regarding our composite propane cylinders, and I believe at that time\nyou said that I could send any future ones to you as well. If I need to send them elsewhere, please let me know.\nThanks and best regards,\nJonas Berglund\nSenior Technical Advisor\nHexagon Ragasco North America Inc.\nMobile: +1 402 419 0038\nPhone/direct: +1 402 470 4968\nWeb: www.hexagonragasco.com\nMail: Jonas.Berglund@hexagonragasco.com\nWeb: www.vikingcylinders.com\nHexagon Composites is the market leader in sustainable\nlightweight solutions for alternative energy\n\n<<<PAGE 4>>>\n\nHEXAGON\nRAGASCO\nLincoln, NE\n2015-01-07\nTo:\nMr. Charles E. Betts\nDirector, Standards and Rulemaking Division\nU.S. DOT/PHMSA (PHH-10)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\ncharles.betts@dot.gov\nRE: Request for interpretation of Special Permit 12706\nDear Mr Betts,\nWe would like clarification on what type of markings must be applied on composite propane cylinders\nprior to shipping from manufacturer (e.g Hexagon Ragasco) to a propane marketer/gas company (e.g\nLee's Propane). The cylinders are designed and manufactured in accordance with DOT Special Permit\n12706 (10th revision). The cylinders are delivered to the propane marketer empty; without containing\npropane. The cylinders are marked in accordance with Special Permit 12706, section 7. d. MARKING\n(which further refers to FRP-1 §178.AA-15). Additionally, a safety/warning label (as required by NFPA 58)\nis placed on the bottom of the cylinder. The content of the warning label is quoted at the end of this\ndocument.\nWe have received questions whether additional markings, such as those prescribed in 49 CFR §172.407\nin general and §172.417 for flammable gases in particular, must be applied by the manufacturer at time\nof manufacturing or by the company that fills it with propane for the first time, at time of filling. In 49\nCFR §172.300 it is stated that:\n'...\n(a) Each person who offers a hazardous material for transportation shall mark each package, freight\ncontainer, and transport vehicle containing the hazardous material in the manner required by this\nsubpart.\n(b) When assigned the function by this subpart, each carrier that transports a hazardous material\nshall mark each package, freight container, and transport vehicle containing the hazardous\nmaterial in the manner required by this subpart.\n..\"\nOffice: +1 402 470 4968\n\n<<<PAGE 5>>>\n\nHEXAGON\nRAGASCO\nLincoln, NE\n2015-01-07\nDo these two statements imply that §172 subpart D only applies once the package (in this case the\ncomposite cylinder) contains hazardous material, i.e. has been filled with propane, or does they apply to\nall cylinders from the point when they are released from manufacturing?\nIf there is anything you need clarified or request further information, my contact details are at the\nbottom of this letter.\nThanks in advance,\nSincerely,\nJonas Bergiund\nSenior Technical Advisor\nHexagon Ragasco North America Inc.\nContents (in Italics) of Safety/Warning label affixed to every cylinder before being transported to\nfilling location\n\"...\nDANGER\n• LEAKING LP-GAS MAY CAUSE A FIRE OR EXPLOSION IF IGNITED CAUSING SERIOUS BODILY INJURY OR\n• FLAMMABLE GAS UNDER PPRESSURE\nDEATH\n• CONTACT LP-GAS SUPPLIER FOR REPAIERS OR DISPOSAL OF THIS CYLINDER OR UNUSED LP-GAS\nWARNING\n• FOR OUTDOOR USE ONLY*\n• DO NOT USE OR STORE CYLINDER IN A BUILDING, GARAGE OR ENCLOSED AREA.\n* EXCEPT AS AUTHORIZED BY ANSI/NFPA 58 OR CSA-B149.2\nDANGER\n• Do not store a spare LP cylinder under or near a barbeque grill or other heat source. NEVER fill an LP\ncylinder beyond 80% full: a fire causing death or serious injury may occur.\nOffice: +1 402 470 4968\n\n<<<PAGE 6>>>\n\nHEXAGON\nRAGASCO\n2015-01-07\nLincoln, NE\nWARNING:\n• Know the odor of LP-Gas. If you hear, see or smell LP-Gas, immediately get everyone away from the\ncylinder and call the Fire Department. Do not attempt repairs.\n• Caution your LP-Gas supplier to:\n• Be certain cylinder is purged of trapped air prior to first filling.\n• Be certain not to overfill the cylinder.\n• Be certain the cylinder requalification date is checked.\n• LP-Gas is heavier than air and may settle in low places while dissipating.\nContact with the liquid contents of the cylinder will cause freeze burns to the skin.\n• Do not allow children to tamper or play with cylinder.\n• When not connected for use, keep cylinder valve turned off. Self contained outdoor cooking appliances\nshall be limited to a cylinder of 20lb. capacity or less.\n• Do not use, store or transport cylinder where it would be exposed to high temperatures. Relief valve may\nopen allowing a large amount of flammable gas to escape.\n• When transporting, keep cylinder secured in an upright position with the cylinder valve turned off.\nWHEN CONNECTING FOR USE:\n• Use only in compliance with applicable codes.\n• Read and follow manufacturers' instructions.\n• Consult manufacturers' instructions concerning the cylinder connection provided with your appliance.\n• Be sure regulator vent is not pointing up.\n• Turn off all valves on the appliance.\nDo not check for gas leaks with a match or open flame. Apply soapy water to the areas marked \"X\". Open cylinder\nvalve. If bubbles appear close valve and have LP-Gas service person make needed repairs. Also, check appliance\nvalves and connections to make sure they do not leak before lighting appliance.\nLight appliance(s) following manufacturers' instructions.\nWhen appliance is not in use, keep the cylinder valve closed.\nDO NOT REMOVE DEFACE OR OBLITERATE THIS LABEL.\n...\"\nOffice: +1 402 470 4968\n\n<<<PAGE 7>>>\n\nHEXAGON\nRAGASCO\nLincoln, NE\n2014-04-01\nTo:\nMr. Charles E. Betts\nDirector, Standards and Rulemaking Division\nU.S. DOT/PHMSA (PHH-10)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\ncharles.betts@dot.gov\nRE: Request for interpretation of Special Permit 12706\nDear Mr Betts,\nWe would like a clarification on section 8. c) of Special Permit 12706. The section reads:\n\"...\nc. A current copy of this special permit must be maintained at each facility where the package is offered\nor reoffered for transportation.\n...\"\nThe question is whether an exchange location/retailer (e.g. Home Depot), who receives filled cylinders\nfrom a propane marketer/gas company (e.g. Lee's Propane) and sells them to the end consumer, needs\nto hold a copy of the Special Permit? The exchange location/retailer will hold filled cylinders in a cage\nand sell them to the end consumer, but not transport them.\nIf there is anything you need clarified or request further information, my contact details are at the\nbottom of this letter.\nThanks in advance,\nSenior Technical Advisor\nHexagon Ragasco North America Inc.\nOffice: +1 402 470 4968","truncated":false,"body_characters":10652}