{"operation":"document","citation":"18-0157","title":"Landstar Transportation Logistics, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-03-26","effective_on":null,"summary":"18-0157 response to Landstar Transportation Logistics, Inc. concerning 173.315.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0157.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0157.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0157","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/70981/180157.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterial• Safety\nAdmlnletratlon\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMAR 2 6 2019\nWes Pace\nDirector, Hazardous Materials Compliance\nLandstar Transportation Logistics, Inc.\n13410 Sutton Park Drive, South\nJacksonville, FL 32224\nReference No. 18-0157\nDear Mr. Pace:\nThis letter is in response to your December 7, 2018, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to transportation of\nnon-DOT specification consumer propane storage tanks built in accordance with Section VIII of\nthe ASME code (consumer storage tanks). Specifically, you ask whether PHMSA inadvertently\nlimited the transportation of consumer storage tanks in§ 173.315(j) to private motor carriers.\nThe answer is no. Section 173 .31 S(j) is intended to allow the transportation of filled or partially\nfilled consumer storage tanks, as long as they meet the operational controls specified in the\nsection. The long-standing requirements in§ 173.315G), dating back to at least 1949, authorize\ntransportation by private motor carrier only. On February 11, 2011, PHMSA published final rule\nHM-245, \"Hazardous Materials: Incorporation of Certain Cargo Tank Permits into Regulations\"\n(76 FR 5483), which adopted a long-standing special permit (DOT SP 13341) into§ 173.315(j).\nDOT SP 13341 allowed for the transportation of consumer storage tanks with up to 500-gallon\nwater capacity carrying quantities of propane greater than 5% of the container's water capacity\nwhen transported by private motor carrier. The requirement for transportation by private motor\ncarrier originally found in the introductory paragraph of§ 173 .3 l 5(j) was retained in the new\nparagraphs (j)(l) and (j)(2). PHMSA received no comments to HM-245 that objected to the\nprivate motor carrier requirement.\nPlease note, if the consumer storage tank is cleaned and purged and no longer contains propane\nvapors capable of sustaining combustion, then the transportation of the consumer storage tank\nwould not be subject to any requirements of the HMR.\nSpecial permits may authorize relief from any requirement in the HMR, provided the applicant\ndemonstrates an equivalent level of safety to that intended by the regulation. To apply for a\nspecial permit, you must submit an application to the Associate Administrator for Hazardous\n\n<<<PAGE 2>>>\n\nMaterials Safety in conformance with the requirements prescribed in 49 CFR Part 107, Subpart\nB. You may obtain information on the special permit application process from our website at\nhttps://www.phmsa.dot.gov/hazmat/special-permits/special-permits-overview or by calling\nPHMSA's Approvals and Permits Division at (202) 366-4511.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nJanuary, lkeya CTR (PHMSA)\nFrom: INFOCNTR (PHMSA)\nSent:\nTo:\nSubject:\nAttachments:\nTuesday, December 11, 2018 3:24 PM\nHazmat Interps\nFW: Interpretation Request\nInterpretation request for 173.3150).pdf\nHello,\nAttached is a request for letter of interpretation.\nThanks,\nJonathon\nFrom: Pace, Wes [mailto:wpace@landstar.com]\nSent: Friday, December 07, 2018 12:15 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Interpretation Request\nI'd like to submit the attached request for interpretation.\nThanks,\nWes Pace, CDS\nLandstar Transportation Logistics, Inc.\nDirector, Hazardous Materials Compliance\nOffice- (904) 390-4815\nCell- (904) 614-3870\nEmail- wpace@landstar.com\nThink twice before you press \"print.\" Go Green!\nSTATEMENT OF CONFIDENTIALITY: The information in this message is privileged and confidential and is intended only for the use of the individual\nor entity named above. If the reader of this message is not the intended recipient, you are hereby notified that you are prohibited from disseminating,\ndistributing or copying the information contained in this message. If you have received this message in error, please notify the sender immediately and\ndestroy all copies of the original.\n1\n\n<<<PAGE 4>>>\n\nI.ANDSTAII ~\nLandstar Transportation Logistics, Inc.\n13410 Sutton Pork Drive, South\nJocksooville, R 32224\n9043989400\nDecember 7, 2018\nOffice of Hazardous Material Standards\nPipeline & Hazardous Material Safety Admin.\nPH-10\nEast Building\n1200 Ney Jersey Avenue, SE\nWashington, DC 20590-001\nTo whom it concerns:\nPlease accept this request for clarification on 173.315 (j). Specifically, I seek intent and reasoning why the\ntransport of empty propane storage containers are being limited to \"private motor carrier\" as stated in the\nbelow rule.\n173.315 Compressed gases in cargo tanks and portable tanks.\n(j) Consumer storage containers. (1) Storage containers for liquefied petroleum gas or propane charged to\nfive percent of their capacity or less and intended for permanent installation on consumer premises may be\nshipped by private motor carrier under the following conditions:\nWe received a roadside violation (only violation written) on 12/6/18 in New Hampshire, written under\n173.315(j) stating that we, as a for-hire carrier was not authorized to move these empty propane tanks. All\nother compliance had been met with no issue. The officer actually wrote the violation to the shipper.\nYesterday, I spoke to the New Hampshire issuing officer and to his Sgt., PHMSA field office in Trenton NJ,\nPHMSA hazmat Hotline in Washington asking why for-hire carriers were not permitted to transport the tanks\nunder this rule and not one could provide a reply. For-hire carriers can transport these type tanks as safely if\nnot safer than private motor carriers.\nUnderstand that industry gas suppliers have long been using for-hire carriers to move their empty propane\nstorage tanks and in fact, some gas suppliers don't have equipment to move these type tanks and are totally\nreliant on for-hire carriers as their only source of transportation.\nCould it be that the word \"private\" as used in the rule was inadvertently added? This is the first time in my 25\nyears with the company that this has ever came up.\nThanks,\nWes Pace, CDS\nLandstar Transportation Logistics, Inc.\nDirector, Hazardous Materials Compliance\nOffice- (904) 390-4815\nCell- (904) 614-3870\nEmail- wpace@landstar.com\nProviding Supply Chain Solutions and Complete Global & Domestic Transportation Services\n\n<<<PAGE 5>>>\n\n173.315(j) in 1949*-2010\n*Unable to search further back in time using HeinOnline, provision likely pre-dates 1950\n(j) Storage containers for liquefied petroleum gas for permanent installation on consumer premises may\nbe shipped by r,llllflll.1.1111 only under the following conditions:\n(1) Each container must be constructed in compliance with the requirements of the ASME Code\n(containers built in compliance with earlier editions starting with 1943 are authorized) and must be\nmarked to indicate compliance in the manner specified by the respective Code.\n(2) Each container must be equipped with safety devices in compliance with the requirements for safety\ndevices on containers as specified in NFPA Pamphlet No. 58.\n(3) The containers shall be so braced or otherwise secured on the vehicle as to prevent relative motion\nwhile in transit. Valves or other fittings shall be adequately protected against injury during\ntransportation. (See§ 177.834(g) of this subchapter.)\n(4) Except as provided in paragraph (j)(S) of this section, containers shall not be shipped when charged\nwith liquefied petroleum gas to more than 5 percent of their water capacity.\n(5) Storage containers of less than 1,042 pounds water capacity (125 gallons) may be shipped when\ncharged with liquefied petroleum gas in compliance with DOT filling density.\n173.315(j) in 2011 after HM-245 (same as today)\n(j) Consumer storage containers.\n(1) Storage containers for liquefied petroleum gas or propane charged to five percent of their capacity\nor less and intended for permanent installation on consumer premises may be shipped by 1111111lf1\n· )U ~ under the following conditions:\n(i) Each container must be constructed iri compliance with the requirements in Section VIII of the ASME\nCode (IBR, see §171.7 of this subchapter) and must be marked to indicate compliance in the manner\nspecified by the respective Code. Containers built in compliance with earlier editions starting with 1943\nare authorized.\n(ii) Each container must be equipped with safety devices in compliance with the requirements for safety\ndevices on containers as specified in NFPA 58, Liquefied Petroleum Gas Code (IBR, see §171.7 of this\nsubchapter).\n(iii) The containers must be braced or otherwise secured on the vehicle to prevent relative motion while\nin transit. Valves or other fittings must be adequately protected against damage during transportation.\n(See §177.834(a) of this subchapter).\n\n<<<PAGE 6>>>\n\n(2) Storage containers with a water capacity not exceeding 500 gallons charged with liquefied petroleum\ngas to more than five percent of their capacity and intended for permanent installation on consumer\npremises may be transported by lr-:;r , 1 one-way only from the consumer's premises to\nthe container owner's nearest facility under the following conditions:\n(i) Each container must be constructed in compliance with the requirements in Section VIII of the ASME\nCode and must be marked to indicate compliance in the manner specified by the respective Code.\n(ii) Maximum permitted filling density may not exceed that specified in paragraph (b) of this section.\n(iii) Prior to loading on a motor vehicle, the container must be inspected by a trained and qualified\nperson for leaks, corroded or abraded areas, dents, distortions, weld defects, or other condition that\nmay render the container unsafe for transportation. A record of the inspection must be legibly signed\nand dated by the person performing the inspection and retained by the container owner for two years.\nThe signature on the inspection·record represents a certification that the container has been inspected\nand has no defects that would render it unsafe for transportation under the HMR. The record of\ninspection must include the date of inspection, the inspector's contact information (such as a telephone\nnumber), the container's serial number and container size (water capacity), estimated amount of\nhazardous material, and the origin and destination of shipment.\n(iv) Only one storage container may be transported on a motor vehicle.\n(v) For loading on a motor vehicle, the container must be lifted by slings, which must be completely\nwrapped around the container. Lifting lugs may not be used. The slings must be rated to a weight\nsufficient to accommodate the container and its lading and shall comply with ASME B30.9 on slings used\nfor lifting purposes, and must be visually inspected prior to each use. A sling showing evidence of tears,\nfraying, or other signs of excessive wear may not be used.\n(vi) The storage container must be secured on a motor vehicle so that the container is completely within\nthe envelope of the vehicle and does not extend beyond the vehicle frame.\n(vii) The storage container must be placed on the vehicle in a manner, such as in a cradle, which ensures\nthat no weight is placed on the supporting legs during transportation.\n(viii) The storage container must be secured against movement during transportation. Bracing must\nconform with the requirements of paragraph (j)(l)(iii) of this section and §177 .834(a) of this subchapter\nand with Section 6- 5.2 of NFPA 58, Liquefied Petroleum Gas Code. Straps or chains used as tiedowns\nmust be rated to exceed the maximum load to be transported and conform to the requirements in\n§§393.100 through 393.106 of this title.\n(ix) Tow trailers used to transport storage containers in accordance with this paragraph (j)(2) must\nprovide rear end protection that conforms to requirements in §393.86 of this title.\n(3) Storage containers of less than 1,042 pounds water capacity (125 gallons) may be shipped when\ncharged with liquefied petroleum gas in compliance with DOT filling density.\n\n<<<PAGE 7>>>\n\n173.315(j) in 1949*-2010\n*Unable to search further back in time using HeinOnline or hardcopies, provision likely pre-dates 1949\n(j) Storage containers for liquefied petroleum gas for permanent installation on consumer premises may\nbe shipped by --~\n,~ only under the following conditions:\n(1) Each container must be constructed in compliance with the requirements of the ASME Code\n(containers built in compliance with earlier editions starting with 1943 are authorized) and must be\nmarked to indicate compliance in the manner specified by the respective Code.\n(2) Each container must be equipped with safety devices in compliance with the requirements for safety\ndevices on containers as specified in NFPA Pamphlet No. 58.\n(3) The containers shall be so braced or otherwise secured on the vehicle as to prevent relative motion\nwhile in transit. Valves or other fittings shall be adequately protected against injury during\ntransportation. (See§ 177.834(g) of this subchapter.)\n(4) Except as provided in paragraph (j)(5) of this section, containers shall not be shipped when charged\nwith liquefied petroleum gas to more than 5 percent of their water capacity.\n(5) Storage containers of less than 1,042 pounds water capacity (125 gallons) may be shipped when\ncharged with liquefied petroleum gas in compliance with DOT filling density.\n173.315(j) in 2011 after HM-245 (same as today)\n(j) Consumer storage containers.\n(1) Storage containers for liquefied petroleum gas or propane charged to five percent of their capacity\nor less and intended for permanent installation on consumer premises may be shipped by l[yj~~\n. JAi under the following conditions:\n(i) Each container must be constructed in compliance with the requirements in Section VIII of the ASME\nCode (IBR, see §171.7 of this subchapter) and must be marked to indicate compliance in the manner\nspecified by the respective Code. Containers built in compliance with earlier editions starting with 1943\nare authorized.\n(ii) Each container must be equipped with safety devices in compliance with the requirements for safety\ndevices on containers as specified in NFPA 58, Liquefied Petroleum Gas Code (IBR, see §171.7 of this\nsubchapter).\n(iii) The containers must be braced or otherwise secured on the vehicle to prevent relative motion while\nin transit. Valves or other fittings must be adequately protected against damage during transportation.\n(See §177.834(a) of this subchapter).\n\n<<<PAGE 8>>>\n\n(2) Storage containers with a water capacity not exceeding 500 gallons charged with liquefied petroleum\ngas to more than five percent of their capacity and intended for permanent installation on consumer\npremises may be transported by i1-~lllfi one-way only from the consumer's premises to\nthe container owner's nearest facility under the following conditions:\n(i) Each container must be constructed in compliance with the requirements in Section VIII of the ASME\nCode and must be marked to indicate compliance in the manner specified by the respective Code.\n(ii) Maximum permitted filling density may not exceed that specified in paragraph (b) of this section.\n(iii) Prior to loading on a motor vehicle, the container must be inspected by a trained and qualified\nperson for leaks, corroded or abraded areas, dents, distortions, weld defects, or other condition that\nmay render the container unsafe for transportation. A recc;,rd of the inspection must be legibly signed\nand dated by the person performing the inspection and retained by the container owner for two years.\nThe signature on the inspection record represents a certification that the container has been inspected\nand has no defects that would render it unsafe for transportation under the HMR. The record of\ninspection must include the date of inspection, the inspector's contact information (such as a telephone\nnumber), the container's serial number and container size (water capacity), estimated amount of\nhazardous material, and the origin and destination of shipment.\n(iv) Only one storage container may be transported on a motor vehicle·\n.\n(v) For loading on a motor vehicle, the container must be lifted by slings, which must be completely\nwrapped around the container. Lifting lugs may not be used. The slings must be rated to a weight\nsufficient to accommodate the container and its lading and shall comply with ASME B30.9 on slings used\nfor lifting purposes, and must be visually inspected prior to each use. A sling showing evidence of tears,\nfraying, or other signs of excessive wear may not be used.\n(vi) The storage container must be secured on a motor vehicle so that the container is completely within\nthe envelope of the vehicle and does not extend beyond the vehicle frame.\n(vii) The storage container must be placed on the vehicle in a manner, such as in a cradle, which ensures\nthat no weight is placed on the supporting legs during transportation.\n(viii) The storage container must be secured against movement during transportation. Bracing must\nconform with the requirements of paragraph (j)(l)(iii) of this section and §177.834(a) of this subchapter\nand with Section 6- 5.2 of NFPA 58, Liquefied Petroleum Gas Code. Straps or chains used as tiedowns\nmust be rated to exceed the maximum load to be transported and conform to the requirements in\n§§393.100 through 393.106 of this title.\n(ix) Tow trailers used to transport storage containers in accordance with this paragraph (j)(2) must\nprovide rear end protection that conforms to requirements in §393.86 of this title.\n(3) Storage containers of less than 1,042 pounds water capacity (125 gallons) may be shipped when\ncharged with liquefied petroleum gas in compliance with DOT filling density.","truncated":false,"body_characters":17807}