{"operation":"document","citation":"16-0060","title":"Ms. Tory Foster — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2016-08-04","effective_on":null,"summary":"16-0060 concerning 173.315.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0060.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0060.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0060","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/160060.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n1200 New Jersey Avenue, SE\nMaterials Safety\nPipeline and Hazardous\nAdministration\nAUG 0 4 2016\nMs. Tory Foster\n1703 McInnis Drive\nWaynesboro, MS 39967\nRef. No. 16-0060\nDear Ms. Foster:\nThis responds to your April 13, 2016 email and conversation with a member of my staff\nrequesting clarification of the requirements for the transport of storage containers for liquefied\npetroleum gas for permanent installation on consumer premises in accordance with the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask how a\n120 gallon portable tank filled to 80% of its capacity is to be loaded and secured on a transport\nvehicle for delivery to a consumer premises under § 173.315. In your letter you note that\n§ 173.3150) 3) permits storage containers of less than 125 gallons to be shipped when charged\nwith liquefied petroleum gas in compliance with DOT filling density, but do not specify how to\nload or secure the tank.\nThe HMR currently do not prescribe requirements for the transport of a storage container for\nliquefied petroleum gas charged in excess of 5% of its capacity for permanent installation on\nconsumer premises. Upon further review, it is the opinion of this Office that § 173.315(i)(3)\nshould also apply the conditions required in § 173.315(j)(1). Thus, we recommend that a\nstorage container of less than 125 gallons water capacity be shipped for permanent installation\non consumer premises when charged with liquefied petroleum gas charged in conformance with\nthe DOT filling density and shipped in accordance with the other conditions of § 173.315(i)(1).\nIn final rule HM-245 (76 FR 5483; February 1, 2011), PHMSA incorporated the provisions of\nspecial permit (SP) 13341 into the HMR by revising § 173.315()(2). The final rule only\nintended to provide provisions for the one-way transport of liquefied petroleum gas in consumer\nstorage containers from a consumer premises to the container owner's nearest facility.\nHowever, in this final rule, PHMSA inadvertently created a new § 173.315(j)(3) that was\nintended to be § 173.315()(1)(iv).\nWe did not intend to authorize the transport of storage containers of less than 125 gallons of\nliquefied petroleum gas without additional operational conditions included in §173.315(j)(1),\n\n<<<PAGE 2>>>\n\nand we thank you for bringing this matter to our attention. PHMSA will revise this language in\na future rulemaking.\nI hope this answers your inquiry. If you need additional assistance, please contact the Standards\nand Rulemaking Division at (202) 366-8553.\nSincerely,\nDuane A. Pfund\nInternational Standards Coordinator\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nлаги\n$ 173.315(3\nPackaging Spees.\nDodd, Alice (PHMSA)\n16-0060\nFrom:\nGeller, Shelby CTR (PHMSA)\nSent:\nWednesday, April 13, 2016 2:23 PM\nTo:\nHazmat Interps\nSubject:\nFW: 173.315 ())\nAttachments:\nTory Foster.pdf; NFPA 58 HANDBOOK 9.6.2.2.pdf\nDear Shante and Alice,\nForwarded is a request for a formal letter of interpretation. I spoke with Ms Foster.\nThanks,\nShelby\nFrom: TORY FREEMAN [mailto:TORY1@BELLSOUTH.NET]\nTo: PHMSA HM InfoCenter\nSent: Wednesday, April 13, 2016 11:51 AM\nSubject: 173.315 (J)\nPLEASE PROVIDE WRITTEN CLARIFICATION\nThank you,\nTory Foster\n601-735-4521\n\n<<<PAGE 4>>>\n\nTory Foster\nWaynesboro, MS 39367\n1703 McInnis Dr.\nU.S. DOT\nAttn: PHH-10\nPHMSA Office of Hazardous Materials Standards\n1200 New Jersey Avenue, SE.\nEast Building\nWashington, DC 20590-0001\nApril 13, 2016\nTo whom it may concern,\nRequesting written clarification of Hazardous Material Regulations HMR;\n173.315 (i) in this scenario:\nIf \"MY PROPANE COMPANY\" is delivering 120 gallon dot cylinder or ASME propane tank filled to 80% (100 gallons of liquefied\npetroleum) to my house.\nHow is that tank to be loaded and secured on the truck or trailer that is delivering it?\n173.315() (1) references 5% or less in my opinion this would not apply as the above tank has more than 5%\n173.315() (2) reference more than 5% but is only in returning to \"MY Propane Company\" not delivering to my house.\n173.315() (3) gives permission to deliver 100 gallons in 120 gallon tank but does not tell us how to load or secure it?\nNFPA 58 2011 Edition was when it was changed\n9.6.2.1 applies to 125 gallon or more\n9.6.2.2 - does this apply to 120 gallon tanks?\nWhere a container is transported with more LP-Gas than 5 percent of its water capacity in liquid form all of the\nfollowing conditions shall apply:\n(1) The container shall not be filled beyond the filling limit of Section 7.4\n(2) Transportation shall be permitted only to move containers from a stationary or temporary\ninstallation to a bulk plant\n(3) Valves and fitting shall be protected by a method approved by the authority having jurisdiction to minimize\nthe possibility of damage.\n(4) Lifting Lugs shall not be used to move these containers.\nNFPA58 2011 HANDBOOK SHOWS A PICTURE IN EXHIBIT 9.15 WITH THE TANK NOT RESTING ON ITS LEGS.\nDOES THAT REFERENCE US BACK TO 173.315 (J) (2) (VII)? (the tank in the picture is larger than 120 gallons)\nPlease advise how \"MY PROPANE COMPANY\" should load and secure a 120 dot cylinder or ASME gallon liquefied\npetroleum tank filled to 80% capacity for delivery to my home-- not removal from my home.\nSincerely,\nTory Foster\nSee attachements\n\n<<<PAGE 5>>>\n\n394\nChapter 9 • Vehicular Transportation of LP-Gas\nsumers\" premises. Occasionally, it may be necessary to move the container with more than\n5 percent LP-Gas - for example, when the liquid evacuation valve does not function and the\ncontainer cannot be pumped out at its installed site, or where it would he safer to transfer the\ncontents at the propane dealer's facility rather than in a residential neighborhood. A container\nmay be transported subject to the limitations specified by the authority having jurisdiction.\nwhich is usually DOT.\nSee Exhibit 9.13 for an example of a way to load ASME stationary storage containers for\nless than 5 percent of their capacity. See 9.6.2.2, including the commentary, for restrictions\ntransport. Lifting by the lifting lugs only is limited to new tanks or to tanks that are filled to\non the use of lifting lugs for tanks filled to more than 5 percent.\nEXHIBIT 9.13 Saddle Trailer\nContainer. (Courtesy of H&H\nUsed to Transport Stationary\nGas)\n9.6.2 Transportation of Containers.\n9.6.2.1 ASME containers of 125 gal (0.5 m') or more water capacity shall contain no more\nthan 5 percent of their water capacity in liquid form during transportation.\n9.6.2.2 Where a container is transported with more LP-Gas than 5 percent of its water capac-\nity in a liquid form, all of the following conditions apply:\n(1) The maximum filling does not exceed the limit of Section 7.4.\n2) Transportation shall be permitted only to move containers from a stationary or temporar\nalves and fois shall te protected by a methcd approved by the authoriy having jer\n(4) Lifting lugs shall not be used to move these containers.\nrisdiction to minimize the possibility of damage.\nThe limit of 5 percent water capacity for transportation of containers of 125 gal (0.5 m) or\nnore is a practical one. It recognizes that the gauges on containers cannot accurately measur\nontents below 5 percent and that 5 percent is a small quantiry of propane\nSpecial Permit 13341 was issued by DOT to permit the transportation of ASME contain-\ners of 500 gal (1890 L) water capacity or less containing more than 5 percent liquid. from the\nacherence to eies tope on regerie meres bu are at The the pier per description. tre\nspecial permit can be viewed at hetp://hazmat.dot.gov/sp_app/special_permits/exe_13000.\nhem#el3000. This permit may be granted to companies that wish to make use of its provi-\n2011 LP-Gas Code Handbook\n\n<<<PAGE 6>>>\n\nSection 9.6 • Transportation of Stationary Containers to and from Point of Installation\n395\nsions, as party status is permitted. Information about applying for this permit is also available\nat this web page\nliquid for and during transportation is prohibited. The lifting lugs are not fabricated to lift the\nNote that the use of the lifting lugs to lift a container containing more than 5 percent\nweight of more than the container and 5 percent of its capacity.\nily is summarized as follows:\nThe safe transportation of containers with more than 5 percent of their maximum capac-\n• Transportation is permitted only to a bulk plant.\n• Valve and fitting protection is required to prevent damage during transportation.\n• Lifting lugs are not to be used\n• Authorization for transportation is required\nin order to safely empty it and that the equipment usually available at a bulk plant can expe-\nThe requirements in 9.6.2.2 recognize that it is sometimes necessary to move a container\nated liquid withdrawal excess-flow valve is used. (See Exhibit 9.14.) ASME containers built\ndite the procedure, enhancing safety. In order to remove LP-Gas from a container. the actu-\nany bottom fitting. ASME containers constructed after 1961 may have an actuated liquid\nprior to 1961 do not have an actuated liquid withdrawal excess-flow valve and may not have\nonly options are as follows:\nwithdrawal excess-flow valve that is inoperable. In such a case, at the installed location. the\n• Hold open the double-check filler valve using an unloading adapter.\n• Roll the container on its side to withdraw liquid through the vapor withdrawal valve.\ni is not required on vapor withdrawal connections. To perform these operations as safely a\nWhen either of the above methods is used, no excess-flow protection is in place because\nossible, it is often preferable to do so away from a populated location and where the bull\nLiquid from Container to\nEXHIBIT 9.14 Removing\nwith purging adapto\n/apor service valv\nProvision. (Courtesy of\nComply with 5 Percent\nconnection\nEqualizing\nFill connection\nPump-off inlet\n- Customer\nNational Propane Gas\ntank\nAssociation)\nhose\nTruck delivery\ntransfer hose\nLiquid\n- Liquid\nequalizing\nTruck\nwithdrawal\nvalve\nhose\n• Transfer valve\nwith machined\nadaptor\nEqualizing\napor service val\nconnection\nPortable LP-Gas\nith purging adapt\nFill connection\nSuction\ncompressor\nhose\nhose\nDischarge\ntanstomer\n- Liquid\nwithdrawal\nvalve\nLiquid transfer hose\n• Transfer valve\nUsing a portable LP-Gas compressor\nadaptor\nwith machined\nLP-Gas Code Handbook 2011\n\n<<<PAGE 7>>>\n\n396\nChapter 9 • Vehicular Transportation of LP-Gas\nplant has personnel better cquipped to handle the procedure In order to more the container\nback io the hulk plant. Special Permit 13341 was issued by DOT Sec the commentary fol-\nlowing 9.6.2.2 for more details on the speciat permit\nfor the following two reasons:\nContainers smaller than 125 gal (0.5 m') are not required to he drained prior to shipping\n1. They are not required to be equipped with a connection for liquid evacuation. so they can\nbe difficult lo drain.\n2. Their weight, even when full. is not so great that they cannot he handled safely\nmember and not by the tank lifting lugs. Also. the tank is securels sapped to the trailer and\nExhibit 9.15 shows a container ready for transportation. The tank is supported by a cross-\nthe chains to the lifting lugs have slack to keep from overloading the lugs\nUsed to Transport a\nEXHIBIT 9.15 Boom Trailer\n(Courtesy of Richard\nStationary Container.\nDepartment of Agriculture\nFredenburg, North Carolina\nand Consumer Services)\n9.6.2.3 Containers shall be installed to minimize movement relative to each other or to the\ncarrying vehicle while in transit, giving consideration to vehicular operation.\nical damage during transportation.\n9.6.2.4 Valves, regulators, and other container appurtenances shall be protected against phys-\n9.6.2.5 Pressure relief valves shall be in direct communication with the vapor space of the\ncontainer.\n9.7 Parking and Garaging Vehicles Used to Carry LP-Gas Cargo\nThe regulations for parking cargo tank vehicles and cylinder delivery trucks coner the follow-\n• Outdoor parking\n• Parking in public buildings\n• Parking in buildings owned by the sehicle's operato\n• Parking in huildings used to repair schicles\nits 9.16 and 9.17\nTo facilitate easier understanding of Section 4.7, see the flow charts contained in Exhib-\n2011 LP-Gas Code Handbook","truncated":false,"body_characters":12198}