Roberts Oxygen Company, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 SEP O 7 2018 Robert McHale Roberts Oxygen Company, Inc. 17011 Railroad Street Gaithersburg, MD 20877 Reference No. 18-0079 Dear Mr. McHale: This letter is in response to your May 1 7, 2018, email and letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the requirements for placarding a cargo tank. Specifically, you describe a scenario in which an MC 331 cargo tank motor vehicle (CTMV) is transporting "UN2187, Carbon dioxide, refrigerated liquid" along with cylinders containing hazardous materials. Each side and each end of the CTMV is placarded for each material being transported on the vehicle. The placards are readily visible from each direction they face. However, there are no placards on the cargo tank itself. You ask if the placards must be displayed on the cargo tank. The answer is no. Affixing placards to the vehicle portion of the CTMV meets the general placarding requirements in§ 172.504. Based on your description and the pictures that accompany your request, it is the opinion of this Office that the requirements are met. Furthermore, our response in Letter oflnterpretation Ref. No. 10-0126, as referenced in your incoming request, remains valid. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, irk De "nde Chief, Standards Development Branch Standards and Rulemaking Division#

Page 2CI (!(!QJ1)1.t Qo.y?f \ O.r\\(.s \i -out9 January, lkeya CTR (PHMSA) From: Sent: To: Cc: Subject: Attachments: Ciccarone, Michael (PHMSA) Tuesday, May 22, 2018 10:24 AM January, Ikeya CTR (PHMSA) DerKinderen, Dirk (PHMSA); Kelley, Shane (PHMSA) FW: Roberts Oxygen Co. Inc. - Letter of Interpretation Request - status Ltr _dot_Signed.pdf lkeya, Please see the attached interp request for assignment. Thanks, Mike From: Gale, Tony (PHMSA) Sent: Tuesday, May 22, 2018 8:57 AM To: Ciccarone, Michael (PHMSA) <m.ciccarone@dot.gov> Subject: FW: Roberts Oxygen Co. Inc. - Letter of Interpretation Request - status Hey have you had a chance to look in to this yet? Tony From: Gale, Tony (PHMSA) Sent: Thursday, May 17, 2018 11:16 AM To: Ciccarone, Michael (PHMSA) <m.ciccarone@dot.gov> Subject: FW: Roberts Oxygen Co. Inc. - Letter of Interpretation Request - status Hey Mike, Can you please look if y'all ever got this. Not sure if he actually sent it directly to Charles or not, but I told him Charles a int over there anymore. So he should be starting to freak out if he actually did. Tony From: McHale, Robert M.[mailto:rmchale@robertsoxygen.com] Sent: Thursday, May 17, 2018 11:05 AM ·To: Gale, Tony (PHMSA) <tony.gale@dot.gov> Subject: Roberts Oxygen Co. Inc. - Letter of Interpretation Request - status Good morning Tony, I sent the attached letter to Mr. Charles Betts requesting interpretation on a cargo tank question on 8/22/2018. I have received USPS confirmation that it was received by the DOT, but I have not heard any acknowledgement or reply. 1#

Page 317011 Railroad Street Gaithersburg, Maryland 2077 August 22 , 2017 Charles E . Betts Chief, Standards Development Office of Hazardous Material Standards USDOT /PHMSA 1200 New Jersey Avenue , SE Washington, D .C. 20590 RE : Placarding of cargo tank motor vehicles Dear Mr. Betts, We are requesting from the Agency clarification regarding the placarding requirements for cargo tanks as put forth in the Federal Hazardous Materials Regulations (HMR) 49 CFR 172.514. During a recent DOT inspection in Frederick, VA by the Virginia State Police of one of our delivery vehicles, we were cited with a violation of the aforementioned HMR, stating in part: "MC 331 Cargo Tank is NOT Displaying Class 2 Non Flammable Gas Placards for UN2 187 Carbon Dioxi.de Refrigerated Liquid 2.2 anywhere on MC 331 Cargo Tank". (see ATTACHMENT 1) Our cargo tank motor vehicle is a commercial motor vehicle with a 4000 lb. (less than 1000 gallons volume) MC 331 bulk tank permanently affixed, containing Carbon Dioxide, Refrigerated Liquid, for delivery to our customers. The cargo tank is correctly labeled with the orange panels displaying "2187" and the proper shipping name "CARBON DIOXIDE, REFRIGERATED LIQUID" (see ATTACHMENT 2 for pictures) . The cargo tank motor vehicle is also configured to carry additional hazardous material cylinders for delivery in the cargo area. We hold this cargo tank motor vehicle to be appropriately placarded for both the cargo tank, with the 2.2 nonflammable placard inclusive of UN2187, and the 2.1 flammable placard for both 2.1 & 2.2 cylinders on board (ref. 172.504.f.2). The placards are readily visible on all four sides and not obscured by appurtenances. A Letter of Interpretation from your office, dated October 28, 2010 (Ref. No. : 10-0126, see ATTACHMENT 3) , regarding placarding and marking of a cargo tank motor vehicle states in part: "Generally, placards on the sides and ends of the cargo-carrying portion of a vehicle's cargo body satisfy requirements for placarding the sides and ends, as long as they are readily visible and not obscured by appurtenances in the direction they face. " Page 1 of 2#

Page 4Question: On our cargo tank motor vehicle, carrying bulk Carbon Dioxide, Refrigerated Liquid, must the placarding be displayed on the bulk packaging (cargo tank) itself or may the required placards, inclusive of UN2187 be mounted, displayed and readily visible on all four sides of the vehicle? If you have need of any further explanations or clarifications, please feel free to contact me at the below numbers and addresses any time. Thank you in advance for your consideration of our inquiry. We look forward to your response. Sincere regards, =?~ Robert M. McHale Manager of Safety and Training Roberts Oxygen Company, Inc. rmchale@ro bertsoxygen. com 301 -948-8105 xl0133 (office) . 301-370-0389 (cell) cc: Mark Udy, Fleet Coordinator, Roberts Oxygen Company, Inc. Page 2 of 2#

Page 5Would you be able to point me to the right person/ office/ email to find out the status of this request. My boss is interested in the progress. Any help with this would be greatly appreciated. Sincere regards, Bob McHale Robert M. McHale Roberts Oxygen Company, Inc. 301 -948-8105 x10133 (work) 301-948-2465 (fax) 301-370-0389 (cell) SINCE1966 CONFIDENTIALITY NOTICE: This email, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you have received this email in error, please contact the sender immediately by email or phone. 2#

Page 6PLANLABLE 352 E88 CRON-FLAMMABLE ROBERTE TORVEN RECKVELE HARTLANO ROBERTS / OXYGEN 301-948-8100#

Page 7HUBEHISUX YUCIN THIS VEHICLE SIORS AT ALL HAILRUAD CRUSSINGS ION FLAMMABLE 352$388 (2187) BUT, BET RACE RATEL ROBERTS / OXYGEN#

Page 8ATTACHM ENT 1 Page 1 of2 DRIVER/VEHICLE EXAMINATION REPORT Aspen 3.0.0.17 Virginia State Police Motor Carrier Safety PO Box 27472 Richmond, VA 23261-7472 Phone: (804)674-2005 Fax: (804)674-2916 Report Number: VA3927007912 Inspection Date: 03/1712017 Start: 08:45 AM ET End: 9:29:51 AM ET Inspection Level: I - Full HM Inspection Type: Both Bulk & Non-Bulk ROBERTS OXYGEN COMPANY INC 17011 RAILROAD STREET GAITHERSBURG, MD 20877 USDOT#: 00094099 Phone#: (301)948-8100 MC/MX#: Fax#: State#: Location: STEPHENS CITY SCALES SOUTH Highway: 1-81 SOUTH ,--- -- !VEHICLE IDENTIFICATION I Unit ~ Make Year State Plate# I 1 TR KW 2014 MD 352E88 Driver: WILSON, ROBERT W License#: T60861715 State:VA Date of Birth: 05/21/1965 CoDriver: License#: State: Date of Birth: MilePost: Shipper: ROBERTS OXYGEN COMPANY INC Origin: WINCHESTER, VA Bill of Lading: 31717 County: FREDERICK, VA Destination:LINDEN, VA Cargo: ACETYLENE DISSOLVED AND, I GVWR CVSA # CVSA Issued # OOS Sticker I Equipment ID 441 2NKHHN7X1 EM386402 33,000 ~ BRAKE ADJUSTMENTS Axle# 1 i ~ Right 1 N/M 7/8 Left 7/8 N/M 1 , Chamber C-20 C-20 C-30 ·- - - ·- ---'- ....._ VIOLATIONS Vio Code 180.415B Section 180.415(b) 180.4158 180.415(b) 172.514A 172.514(a) 171 .2A 171.2(a) The Officer involved admitted he did not see the data plate: Mfg. date = 02/20 13. Violations Unit OOS Citation # Verify Crash Violations Discovered removed 1 N N N Cargo tank test or inspection markings: Cargo Tank is Missing Internal Inspection Test Marking (I) for MC331 Cargo Tank. N N N Cargo tank test or inspection markings: Cargo Tank is Missing Pressure Test Marking "P". for MC331 Cargo Tank. N N N Offering a bulk package that is not properly placarded: MC 331 Cargo Tank is NOT Displaying Class 2 Non Flammable Gas Placards Placards for UN2187 Carbon Dioxide Refrigerated Liquid 2.2. anywhere on MC331 Cargo Tank. N N N Failure to comply with Hazardous Materials regulations: 172.202(a)(7) - Number of Package for Cargo Tank is Missing. HazMat: 2.1 LPG; 2.2 Nonflammable gas S ecial Checks: No Data for Special Checks. Placard: Yes Cargo Tank: 331 ~ (_~~~ G ~ ~L ;:7 X i Y 0 ,.. I N 3of-~3?£ ~ ~~ l . ~ '\ f\ J-, \ 1J \,:' Cort)'. Received B~: ROBERT WILSON 1 2 Page of 1111111111111111111111111111111111 X 00094099 VA VA3927007912#

Page 9ATTACHMENT 1 Page 2 of 2 Cargo tank means a bu lk packaging tllat ( 1) Is a tank int ended pI1111anly foI the ca, r rage of lrqu rds or gases ancl rncludes appurtenances , r ernforcements, frtt rngs, and closu res (for the defrnrtron of a tank, see .1~ t;.L RlliU/f), lllhllL J .. or 17 . c.ill. l, as applrcablel. (2) Is permane ntly att ached to or for rn s a part of a motor ve hicle, or is not permanently attachecl to a motor vel11 cle IJUt wl11 ch, lly reason of rt s srze, com tr uctron or attachrnenr to a motor vehrcle rs loaded or unloaded wIt11out being 1 ern oved from the motor vehicle, ancl (31 Is not falJ11ca tecl unde r a specification for cylinders, rnterrnedrate IJulk containers, 111ultI-unrt tan k c.ar tanks, portable tank s. or tank ca,s . Cargo tank motor vehicle me,rns a motor vel11cle with one or more cargo tanks permanently attached to or forming an integral part of the motor vehicle. § I 72 .328 Cargo tanks. (a) Providing and affixing identification numbers. Unless a ca rgo tank rs al ready marked w1 tl1 the rden trfrcatron numllers req uired hy thi s subpart, the iclentrfrcat ron numbers· musr Ile provided or affixed as follows (a)(IJ A person who offers a hazardous material to a motor carrier for tr ansportatron 111 a cargo ran k shall provide the motor carrier the ident if1cat1on 1111 mhers on placa rd s 01 shall affr x orange panels contarnrn g the requ11ed IdentIfIcatron numbers, prior to or at the trme the material rs offered for transportation . (aH21 A person who offers a cargo tank contaI11Ing a hazardous material for transportatron shall affrx the requ11ed rde nt rfrcatron nurnlJers on panels or placards pnor to 01 at the time the cargo tan k rs offered for tran sportation. (a)( 3) For a cargo ta nk tran spor ted on or 11> a transport vehicle 01 freight contarner, if the 1 denII fI ca t1 on num ber rna1k1ng on the cargo tan k req uired by § LZ.L1Qlli!l would not normally be visilJle during transportation - (a)(3)(1 ) The transport vehrcle or freight contarn er mu st be marked a1 requ ired IJy §lZL.il2. on each srd e and each end wrth the ident1fIcat 1on number spec1f1 ecl for the material in the§ 172. 101 Table . and (a)(3)(11J When the cargo tan k rs permanently installed withrn an enclosed cargo IJody of the transport vel11cle or freight container, the identification number marking required by § J 72 .3Q2 {a) need only be d11played on each side and end of a cargo tank that is visible when the cargo tank is accessed. §172.302 General marking requirements for bulk packagings. ta) Identification numbers. Except as otherwise provided 111 this subpart, no person may offer for transportation or transport a hazardous material in a bulk packaging unless the packagrng is marked as required by §.llLill with the identification number specified for the material in the §172.101 Table- (a)( I ) On each srde and each end, if the packaging has a capacity of 3,785 L (1,000 gallons) or more, (a)(2) On rwo oppos111g sides, if the packaging has a capacity of less than 3,785 L (1,000 gallons). or (aH3) For cylrnders permanently rnstalled on a tube trailer motor vehicle, on each side and each end of th e motor vehicle. (b) S ize of markings. Except as otherwise provrded, markings required by this subpart on bulk packagings must- (bH l ) Have a width of at least 6.0 rnm (0.24 ,nch) and a height of at least 100 111111 (3 .9 rnches) for rarl cars , ibH2 ) Have a wrcl th of ar leas t 4.0 111111 I0.16 ,nch) and a he1 gt1 t of at leas t 25 111111 (one rnch) for port able tanks wrth capaci tres of less than 3,785 L ( 1,000 gallons) and IBCs. and#

Page 10ATTACHMENT 3 Page 1 of 6 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration l 200 New Jersey Ave. SE Washington, D.C. 20590 OCT 2 8 2010 Mr. Michael Ritchie Hazardous Materials Specialist Minnesota Department of Transportation Commercial Vehicle Operations Section 395 John Ireland Boulevard St. Paul, MN 55155 Ref. No.: 10-0126 Dear Mr. Ritchie: This responds to your letter regarding placarding and marking of cargo tank motor vehicles in accordance with the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You asked whether the required placards and markings, including the proper shipping name or common name and the INHALATION HAZARD marking, must be displayed directly on the cargo tank, or may the markings and placards be displayed on the ''vehicle equipment boxes" or other appurtenances, as shown in the enclosed photographs of cargo tank motor vehicles in Liquefied Petroleum Gas {LPG) and Anhydrous Ammonia service, as long as the placards and markings are clearly visible. A cargo tank meets the definition of a bulk packaging and must be placarded on each side and each end. Section 172.516 states that each placard on a motor vehicle must be readily visible from the direction it faces except from the direction of another transport vehicle to which the motor vehicle is coupled. Generally, placards on the sides and ends of the cargo-carrying portion of a vehicle's cargo body satisfy requirements for placarding the sides and ends, as long as they are readily visible and not obscured by appurtenances in the direction they face. It is the opinion of this Office that a cargo tank motor vehicle placarded and marked with an identification number display, including the proper shipping name or common name and the INHALATION HAZARD marking, as depicted in your photographs, complies with the requirements in § 172.516 for visibility and display. · I hope this information is helpful. If we can be of further assistance, please contact us. Sincerely, ~ Ben~ Acting Chief, Standards Development Office of Hazardous Materials Standards#

Page 11ATTACHMENT 3 Page 2 of 6 Minnesota Department of Transportation Office of Freight and Commercial Vehicle Operations tn Q rU m 395 John Ireland Blvd. -J St. Paul, MN 55155-1899 - ~ ,12 .5 / 3 ~ J12.. 328 c§ 1,z.ooL/- M o..rll-\'n-j I Placo fd1r13 10-O,;i&, June 7, 2010 Charles E. Betts Chief, Standards Development Office of Hazardous Material Standards USDOT/PHMSA 1200 New Jersey Avenue, SE Washington, DC 20590 Re: Placarding and marking of cargo tank motor vehicles Dear Mr. Betts, The Federal hazardous material regulations require placarding and marking of both bulk hazmat packages and vehicles transporting hazardous materials. 49 CFR 172.504 requires placarding of each bulk packaging and transport vehicle, unless excepted. Section 172.514 requires each person offering a bulk packaging containing hazardous material to affix the placards specified for that material to the bulk packaging. Section 172.328 requires cargo tanks transporting Class 2 compressed gases to display the proper shipping name or common name of the material, and its ID number. Section 172.313 requires bulk packaging containing materials poisonous by inhalation to be marked INHALATION HAZARD on two opposing sides. Enclosed are photographs of two cargo tank motor vehicles. One is in propane service, the other in anhydrous ammonia service. Both display placards and markings on the equipment boxes attached to the vehicles, not on the bulk packaging itself. The placards and markings are clearly visible from the direction they face. Question: On a cargo tank motor vehicle in LPG or anhydrous ammonia service, must the required placarding and marking be displayed on the bulk packaging (the cargo tank) or may the required placards and marks, including the shipping name and the INHALATION HAZARD marking, when appropriate, be displayed on vehicle equipment boxes or other appurtenances, as long as those marks and placards are clearly visible? Yours truly, 1 /} ~ . v/,;{,t,.,,. ~ {/\v{A/~'--- Michael Ritchie Hazardous Materials Specialist Minnesota Department of Transportation Commercial Vehicle Operations Section 395 John Ireland Boulevard St. Paul, MN 55155 (651) 366-3697 An equal opportunity employer#

Page 12LAND O LAKES CENEX on of Perl#

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Page 15HAZARD INHALATION#