{"operation":"document","citation":"19-0024","title":"AMTROL Water Systems — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-08-14","effective_on":null,"summary":"19-0024 response to AMTROL Water Systems concerning 173.306.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0024.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0024.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0024","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/72051/190024.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nAUG 1 4 2019\nMr. David Beretta\nManger, Compliance & Regulatory\nAMTROL Water Systems\n1400 Division Road\nWest Warwick, RI 02893\nReference No. 19-0024\nDear Mr. Beretta:\nThis letter is in response to your February 26, 2019, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation\nof water pump systems. In your email, you describe water pump systems containing \"UN1956,\nCompressed gas, n.o.s. (air with up to 15% helium), 2.2\" shipped at 38 pounds per square inch\n(psi) of pressure, with each cylinder weighing approximately 112 pounds each. You also\nreference a previous letter of interpretation (09-0010) which discusses the application of the\nlimited quantity exception in§ 173.306(g) to the water pump systems described above. This\nprevious letter of interpretation clarifies a \"single-trip shipment\" under § 173.306(g) as a one-\ntime movement of the water pump systems from the facility where they are purchased to the\ninstallation site. However, you interpret a \"single-trip shipment\" as the movement from the\nmanufacturing site to the end-user regardless of whether there is storage incidental to movement\nbefore delivery to an installation site. You note that there is no alteration of the package or outer\npackaging during the storage incidental to movement. You ask whether the described shipment\nwould be considered a \"single-trip shipment\" under§ 173.306(g) ifthere is storage incidental to\nmovement with no alterations to the package or outer packaging prior to delivery at the\ninstallation site.\nProvided the water pump systems and any packaging/outer packaging are unaltered, the scenario\ndescribed in your email would qualify as a \"single-trip shipment\" under§ 173.306(g) and the\nlimited quantity exception would apply.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<>>\n\n1-1--r , dJLQ ,,{_,(~\ncf3 { · r 3 .. :1:>t>(, ( j)\n1 1 -{_x){} ~ 1\nDodd, Alice (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nAttachments:\nINFOCNTR (PHMSA)\nWednesday, February 27, 2019 2:10 PM\nHazmat Interps\nFW: Letter of Interpretation for 173.306(g), Single Trip Shipment\n20190226135051510.pdf\nHello Alice and lkeya,\nBelow is a request for letter of interpretation.\nThanks,\nJonathon, HMIC\nFrom: Beretta, David [mailto:David.Beretta@worthingtonindustries.com]\nSent: Tuesday, February 26, 2019 3:03 PM\nTo: INFOCNTR (PHMSA) \nCc: Lafazia, Patricia ; McKinley, Jody\n; Morey, Susan ; Gentry,\nSteve ; Newberry, Paul \nSubject: Letter of Interpretation for 173.306{g), Single Trip Shipment\nHello:\nA previous letter of interpretation, your #09-0010, was issued.\nHowever, Oregon DOT has requested that I get a more detailed response in another letter of interpretation. Specifically,\nthey are not sure if \"from manufacturer/distributor to the end-user\" allows stops along the way and still qualify as\n\"single trip shipment\".\nI feel your original interpretation is clear since if the shipment goes to a distributor it must stop or otherwise it would be\ngoing directly to the end user.\n{I have attached the original request for interpretation from John Dileo of Pentair dated 12/29/2008).\nDuring shipment, by AMTROL (and our competitors) there is storage of the packages incidental to movement.\nThe one time shipment could take the form of transferring from a truck to truck to a storage facility then on to a\ndistributor then on to a dealer then to a contractor and finally and end user. Or, the shipment could be more direct.\nWe interpret \"single trip shipment\" as the movement from the manufacturing site to the end-user whether there are no\nstops or several. . (No alteration of the package or outer packaging at all during the stops in the \"single trip\" shipment.)\nIf you would please confirm in writing through a Letter of Interpretation our understanding of the above that would be\ngreatly appreciated . If you can confirm our understanding, it would be appreciated if the Letter of Interpretation has a\nmore detailed explanation than the sentence in your #09-0010 (\"In this context , \"single-trip shipment\" .. .. )\nFeel free to contact me.\nThank you for your time and understanding.\nRespectfully submitted,\nBest Regards,\nDavid\n1\n\n<<>>\n\nDavid Be retta\nManager, Compliance & Regulatory\nAMTROL Water Systems I Engineering\n1400 Division Road\nWest Warwick, RI 02893\n0 401.535.1252\nDavid.Beretta@Worthingtonl ndustries. co m I NYSE: WOR\noo~••ez>\nr .\n■ , ~ WDR\nT\niH\n>INGTON\n_\n_\n_\nIMI INOUSiRltS\nFrom: Beretta, David\nSent: Tuesday, February 26, 2019 8:55 AM\nTo: 'infocntr@dot.gov'\nCc: Lafazia, Patricia; McKinley, Jody; Morey, Susan; Gentry, Steve; Newberry, Paul\nSubject: RE: Clarification of 173.306(g) and DOT-SP11592 - Oregon D.O.T. [External]\nHello,\nPlease refer to Andrew Zikmund's earlier email, copied below.\nThank you for your help with this matter.\nI will (try to:>)) be brief but would be very happy to expand if you want.\nAMTROL's (and our competitor's) understanding from your ref. no. 09-0010 is that single trip shipment (\"from\nmanufacturer/ distributor to the end-user\") means that the package can make one trip to the place where it will be\ninstalled with or without stops along the way as limited quantity as classified in 49CFR173.306(g).\nThe only th ing that may not be clear is the use of the virgule{//\". According the dictionary I looked in that could mean\n{/and\", {/or\" or both, indicating to me that whether the package goes directly or indirectly to the installation site, it is one\nshipment and would stay classified as limited quantity.\nDuring the trip the packages make, with or without stops along the way, the package or the strong overpack is not\nmodified in any way.\nThere have been no known incidents with the tens of millions of packages since they started shipping this way in the\n1960s (I don't have an exact date or quantity).\nBeside the Interpretation letter, AMTROL was audited by US DOT's Wayne Chaney on Feb 28, 2008. I was present for the\naudit. He was extremely thorough reviewing all aspects of our packaging and its shipment. There was no issue with the\nmethod of shipping as limited quantity all the way to the installation site, no matter the stops along the way.\nIf the interpretation of single trip shipment is changed it will create a large burden on AMTROL and increased cost to our\ncustomers without increasing the level of safety during shipment.\nMy guess is that {/ single trip\" shipment is used to prevent the packages from being used like several DOT specification\ncylinders where most or all of the package life is spent {/on the road\" (DOT39 and 4BA to my personal knowledge, we\nmanufacture those as well).\nI would be grateful if I could speak with someone about this before any action is taken.\nThank you and have a good day.\n2\n\n<<>>\n\nBest Regards,\nRespectfully submitted,\nDavid\nDavid Beretta\nManager, Compliance & Regulatory\nAMTROL Water Systems I Engineering\n1400 Division Road\nWest Warwick, RI 02893\n0 401.535.1252\nDavid.Beretta@Worthingtonlndustries.com I NYSE: WOR\n0 0 Ce O lZ'\nFrom: ZIKMUND Andrew G [mailto :Andrew.G.ZIKMUND@odot.state.or.us]\nSent: Monday, February 25, 2019 5:47 PM\nTo: 'infocntr@dot.gov'\nCc: Beretta, David\nSubject: FW: Clarification of 173.306{g) and DOT-SP11592 - Oregon D.O.T. [External]\nSecurity Notice: External email. Think before you click!\nHello, I apologize for any inconvenience, I have tried the phone number 1-800-467-4922 several\ndifferent time today and have not been able to get through.\nYou will see in my email attached below from 2/20/19 that I requested clarification on 173.306(9) and\nDOT-SP 11592.\nMy response from Brianna at PHMSA was very quick and much appreciated. In her verbal response\nshe explained that it was PHMSA's understanding that the shipments described would not meet the\nexemption in 173.306(9) and because of that could not take advantage of the DOT-SP11592 simply\nbecause of the movements described in the email from 2/20 were not \"Single trip shipments to\ninstallation sites\".\nThat being said, the shipper I am currently working with (details attached) would like a written\nresponse clarifying this. And in addition would like to know of an option to adjust this exemption in\n173.306(9) (or the interpretations of 173.306(9)) to fit their common practice of hauling the shipments\ndescribed below.\nBecause this interpretation will dramatically affect such large business practices who have been\nshipping these shipments for so many years I would assume it could be the basis for the shipper to\napply for a separate DOT-SP? For the same reasons I would like to ensure we have a clear outline\nfor compliance for this shipper and the many others who ship these products in the United States.\n3\n\n<<>>\n\nI would appreciate if you could respond either to myself or most importantly to the shipper in question\nwith the written clarification of my original question. Also if you could provide information relating to\noptions they may have to further ship the material.\nShipper contact:\nDavid Beretta\nManager, Compliance & Regulatory\nAMTROL Water Systems Engineering\n1400 Division Road\nWest Warwick, RI 02893\n0 401 .535.1252\nDavid.Beretta@worthingtonindustries.com\nThank you all for your time with this complicated issue. I appreciate all the help.\nAndrew Zikmund\nHM Compliance Specialist\nMotor Carrier Safety\nPhone : (541) 869- 2904 Fax : (541) 869 - 2026\nFrom: ZIKMUND Andrew G\nSent: Wednesday, February 20, 2019 5:52 PM\nTo: 'infocntr@dot.gov' \nSubject: Clarification of 173.306{g) and DOT-SP11592 - Oregon D.O.T.\nHello, My name is Andy Zikmund. I am a Hazardous Materials compliance specialist for the Oregon\nD.O.T.\nI am writing to clarify the applicability of 173.306(9) and DOT-SP11592.\nMy situation is:\nA motor carrier is loading 98 water pump system tanks containing \"UN1956, Compressed Gas, NOS\n(air with up to 15% Helium) 2.2\" shipped at 38psi ea. weighing roughly 112 lbs. ea. from a the\nmanufacturers facility (Amtrol Inc.) in Rhode Island to three separate distribution/ retail locations in\nWashington state.\nAfter they are delivered they are stored at the distribution/ retail facilities until a customer purchases\nthem for their home or business.\nThe motor carrier in question is shipping these tanks with the understanding that they meet the\nexception found in 173.306(9). And also is under the assumption that DOT-SP11592 applies to this\nshipment.\n4\n\n<<>>\n\nAfter reading 173.306(9), DOT-SP11592 and PHMSA interpretation reference# 09-0010 dated March\n26, 2009. It is my understanding that shipment described above (98 water pump system tanks\ncontaining UN1956, Compressed Gas, NOS (air with up to 15% Helium) 2.2 shipped at 38psi ea\nweighing roughly 112 lbs ea) would not meet the exception in 173.306(9) and therefore the DOT-\nSP11592 would not apply to this shipment either. I came to this conclusion because the wording\nused in 173.306(9) specifically states \"single trip shipments to installation sites\". After reading the\nPHMSA interpretation 09-0010 which even more clearly defines that term saying \"it means the one-\ntime movement of tanks from the facility from which they are purchased to the site where they will be\ninstalled\" it is my understanding that the above described shipment can-not take advantage of this\nexception in 173.306(9) or the DOT-SP11592.\nCould you please respond clarifying if my understanding is correct, or if I am interpreting this\nincorrectly. Also, can you clarify that the DOT-SP 11592 is only an exception allowed for carriers that\nmeet the exception in 173.306(9).\nSorry for the long email © Thanks for your time.\nAndrew Zikmund\nHM Compliance Specialist\nMotor Carrier Safety\nPhone: (541) 869-2904 Fax: (541) 869-2026\n5\n\n<<>>\n\nPentair Water Group, Inc.\nJohn F. DI Leo\nImport/Export Compliance Manager\n450 Remington Rd., Schaumburg, IL 60173\nJohn.DiLeo@Pentair-EP .C-Om\nToi: 847-466-8812\nOn behalf of all its ajfiliales and subsidiaries, including:\nSta-Rite Industries, LLC\n293 Wright SI, Delavan, WI 53115\nand\nPentair Pump Group Inc, DBA Myers Pump\n110 I Myers Parkway, Ashland, OH 44805\nDate:\nTo:\nDecember 29, 2008 A.D.\nDuane Pfund, Director\nOffice of International Standards\nPipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation\n1200 New Jersey Ave., S.E.\nWashington, DC 20590\nDuane.Pfund@DOT.gov, 202-366-06S6\nRequest for Letter of Interpretation for Ground Shipping under 49CFR 173.306(g)\nSubject: Steel Water Pump System Tanks, 49CFR l 73 .306(g)\nWe are writing to request your support in clarifying an exception provided in 49CFR, for domestic shipment by ground\nand water transport (it does not apply to airfreight).\nWe sell steel water pump system tanks, which are hooked up to a water pump in the basement or near a well to provide\nproper water pressure for a home or other building. The tank accomplishes this by the use of a bladder that has been\npressurized, either with nitrogen or plain air, to a gauge pressure of about 38--40 psi. We are therefore not selling a\npressurized gas, as such ... we are selling an article which is pressurized for its functionality .\nWhile these articles are totally safe - harmless - in transportation (they are tested and confinned safe up to 300 psi -\nover seven times their working and shipping pressure), they do fall under the definition of a hazardous material\nbecause of the definition for nonflammable compressed gas (40 psig + 1 bar== 54.7 psia) ... either UN1066 (when\nnitrogen is used) or UN1002 (when plain air jg used).\nWe therefore ship them domestically under the Limited Quantity provision that was created specifically for these\nproducts, in 49CFR 173.306(g). We only have one issue that is slightly unclear-the rnference to \"single-trip\nshipment\" transportation, so we are writing to request a written clarification in the fonn of a DOT Letter of\nInterpretation.\nRequest Details:\nWe stipulate that our steel water pressure system tanks do fully meet the requirements of 49CFR 173.306(g).\nA reading of the initial permits that led to 49CFR 173 .306(g) seems to show that the \"single-trip shipment\" language\nmeans only that the tank itself does not change - i.e. that the pre-charged gas stays in the one single packaging th~ough\nthe entire shipment - and does not prevent going from truck to truck- in multiple stages of shipment (i.e. from\nmanufacturer to distribution to dealer to end-user). Michael Stevens of PHMSA has verbally confirmed this\nundersta11ding.\nAccordingly, we hereby ask that the DOT please confum in writing, through a Letter oflnterpretation, that we\nunderstand the above correctJy: that this exception applies to multiple-stage shipment as long as tl1e tank is not further\naltered after leaving our factory.\n\n<<>>\n\nHistory\nSteel water pump system tanks are a $100 million-plus industry worldwide, with sales of approximately a million units\nper year. We manufacture approximately a quarter of them here in the USA, producing critical jobs in Wisconsin and\nrevenue for our parent, Pentair Inc, a publicly held Minnesota-based holding company with a presence in over fifteen\nstates, employing some 13,000 worldwide.\nSta-Rite Industries has been in the water systems business since 1934, and has been making these water pump system\ntanks for over 35 years. Our safety record with these products is excellent; we consider them to be totally safe, both in\ntransportation and in use. To the best of our knowledge, there has never been a transportation incident in which the\npressure of our tanks played any role at all.\nWe are amo11g the world 's leading producers of these products, and we employ approximately 800 employees in the\nsmall rural town of Delavan, Wisconsin alone (population just over 8000). We want to be 100% compliant in our\nshipping, and the clarification of the \"single-trip shipment\" clause will remove any doubt that we are.\nThank you for your consideration of this request.\nRegards,\nJohn F. Di Leo\nPentair Water Group, Inc.","truncated":false,"body_characters":16473}