{"operation":"document","citation":"23-0035","title":"Superior Plus Propane — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2024-04-19","effective_on":null,"summary":"23-0035 response to Superior Plus Propane concerning 178.320, 178.337.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0035.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0035.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0035","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2024-05/230035.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nApril 19, 2024\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMr. Tim Decker\nField Health and Safety Specialist\nSuperior Plus Propane\n1870 South Winton Rd.\nRochester, NY 14618\nReference No. 23-0035\nDear Mr. Decker:\nThis letter is in response to your March 13, 2023, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to cargo tank inlet and outlet\nmarkings. Specifically, you ask about the applicability of marking requirements in § 178.337-\n9(c) where the HMR states that, except for gauging devices, thermometer wells, and pressure\nrelief valves, each cargo tank inlet and outlet must be marked “liquid” or “vapor” to designate\nwhether it communicates with liquid or vapor when the cargo tank is filled to the maximum\npermitted filling density.\nWe have paraphrased and answered your questions as follows:\nQ1. You ask what is considered a cargo tank “inlet” under § 178.337-9(c).\nA1. Under § 178.320, an “outlet” is defined as “any opening in the shell or head of a cargo\ntank, (including the means for attaching a closure), except that the following are not\noutlets: a threaded opening securely closed during transportation with a threaded plug or\na threaded cap, a flanged opening securely closed during transportation with a bolted or\nwelded blank flange, a manhole, a gauging device, a thermometer well, or a pressure\nrelief device.” It is the opinion of this office that for the purposes of § 178.337-9(c), an\ninlet and an outlet are the same.\nQ2. You ask whether the piping in your attached photographs require marking under\n§ 178.337-9(c).\nA2. It is unclear from your photographs whether the piping is an inlet/outlet, as it is unclear\nwhether the piping does or does not communicate directly with the cargo tank or how the\nfittings connection is used. Therefore, this Office is unable to determine if the piping is\nsubject to the marking requirements under § 178.337-9(c).\nQ3. You ask whether the marking shown in the attached photographs meet the requirements\nof § 178.337-9(c).\n\n<<<PAGE 2>>>\n\nA3. Provided the marking is readily visible, legible, durable to withstand transport conditions,\nand clearly associated with the corresponding inlet or outlet, marking in the locations you\ndescribe would satisfy the requirements of the HMR. The marking requirement may be\nsatisfied using various locations and methods, including marking on the cargo tank shell.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nSteven Andrews\nActing Chief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nPollack\nFrom: INFOCNTR (PHMSA)\nTo: Hazmat Interps\nSubject: FW: 178.337-9(c)\nDate: Tuesday, March 28, 2023 1:49:57 PM\nAttachments: image002.png\nimage004.png\n23-0035\nHello,\nAttached and below is a request for letter of interpretation. I am sending another email after this\nwith some more supporting documentation.\nThanks,\nJonathon, HMIC\nFrom: Decker, Tim <tdecker@superiorplusenergy.com>\nSent: Monday, March 13, 2023 1:50 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: RE: 178.337-9(c)\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\nMy question is in reference to §178.337-9(c), and MC-331 cargo tanks in propane service.\nSpecifically, what is considered an inlet?\n§178.320, defines “outlet”, but not “inlet”.\nWe received a violation during a roadside inspection for markings of inlets and outlets. The inspector\nhas held that a pipe with fittings is an “inlet” as it is a suction line used for auxiliary loading. The pipe\nin question is connected to the pump and does not communicate directly with the cargo tank. The\noutlet to which the pump is connected is labeled/marked as “liquid” (see attached pictures).\nIn addition to the closure valve seen in the attached picture, the piping also includes a back check\nvalve at the pump. By definition, the pipe does not appear to meet the definition of appurtenance.\nDoes the piping itself require marking under §178.337-9(c)? Is it considered an inlet?\nDoes the marking as indicated in the attached pictures meet the requirements of §178.337-9(c)?\nTim Decker\nField Health and Safety\nSpecialist\nSuperior Plus Propane\n\n<<<PAGE 4>>>\n\nAddress: 1870 South Winton Rd.,\nRochester, NY 14618\nMobile: 845-527-1040\nEmail:tdecker@superiorplusenergy.com\nWebsite: www.superiorplusenergy.com\nThe primary responsibility\nfor safety lies with those\nwho create the risks and\nthose who work with\nthem.\n\n<<<PAGE 5>>>\n\nG\nAmerigi\nBulk Truck 8\nDate: 09-2013\n19)\nItem 9 is a back check valve. It only allows product to flow into the pump. So, no\nproduct can flow out of the pump to the end valve. Therefore, the line does not\nDescription\nHANNAY ELECTRIC REWIND HOSE REEL\nMEC HYDROSTATIC RELIEF VALVE\nMEC LOW LOSS FILL VALVE\nLIQUID CONTROLS METER\nEMICO BALL VALVE\nMEC BYPASS VALVE\nMEC BACK CHECK VALVE\nMEC BACK CHECK VALVE\nMEC INTERNAL HAIN VALVE\nMEC ANGLE VALVE\nMEC INTERNAL VALVE\nMEC ANGLE VALVE\nMEC GLOBE VALVE\nMEC GLOBE VALVE\nMEC RELIEF VALVE\nMEC RELIEF VALVE\nMEC CHECK LOCK\nCORKEN PUMP\nMEC ANGLE VALVE\ncommunicate with product in the tank.\nModel\nME 8206\nDF01498\nD-112-SS\nMA-7-GY-10\nME 840C-125\nMEH225\nME870S-10\nME815-10\nME870S-16\nME990-10\nME 449EXS-22\nME825-10\nME825-16\nMEV300\nMEV 200\nME 462S\nME990S-3DF\n7,3200\nME815-16\nSize\n11/2\n11/241\n1/4°\n11/4°\n11/4\"1\n1 1/4\"\n3/4\"\n1 1/4°\n1 1/49\n3\"\ntem\n17\n\n<<<PAGE 6>>>\n\n\n\n<<<PAGE 7>>>\n\n\n\n<<<PAGE 8>>>","truncated":false,"body_characters":5665}