Southeastern Fumigants, Inc. — Hazardous Materials Safety Interpretation

Page 1• U.S.Department .. • of Transportation 400 Seventh Street, S.W. Research and Washington, D.C. 20590 Special Programs Administration AUG 7 1998 Mr. Larry W. Massey President Southeastern Fumigants, Inc. Ref. No. 98-0202 P.O. Box 548 Dawson, Georgia 31742 : Dear Mr. Massey: This is in response to your letter dated June 12, 1998 regarding whether a "tube" located near the bottom of a 4BA 240 cylinder used to withdraw the liquid material out would be considered an "eduction tube" under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You asked for clarification of what is considered an "eduction tube" for cylinders containing organic phosphates mixed with compressed gases under the HMR. A tube used to facilitate the withdrawal of liquid from the bottom of a cylinder, as described in your letter, is an eduction tube. As you are aware, the requirements in § 173.334(c) prohibit cylinders containing organic phosphates mixed with compressed gases from being equipped with eduction tubes during transportation. Procedures for requesting exemptions from HMR requirements are set forth in 49 CFR 107.109 and 107.117. I hope this satisfies your request. Sincerely, Edul 7 Mangalle Edward T. Mazzullo/ :.. Director, Office of Hazardous Materials Standards 173.334#

Page 2" ' LAE U.S.Department of Transportation 400 Seventh Street, S.W. Washington, D.C. 20590 Research and Administration Special Programs AUG 7 1998 Mr. Larry W. Massey FARET Ref. No. 98-0202 President Southeastern Fumigants, Inc. P.O. Box 548 Dawson, Georgia 31742 Dear Mr. Massey: This is in response to your letter dated June 12, 1998 regarding whether a "tube" located near the bottom of a 4BA 240 cylinder used to withdraw the liquid material out would be considered an "eduction tube" under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You asked for clarification of what is considered an "eduction tube" for cylinders containing organic phosphates mixed with compressed gases under the HMR. A tube used to facilitate the withdrawal of liquid from the bottom of a cylinder, as described in your letter, is an eduction tube. As you are aware, the requirements in § 173.334(c) prohibit cylinders containing organic phosphates mixed with compressed gases from being equipped with eduction tubes during transportation. Procedures for requesting exemptions from HMR requirements are set forth, in 49 CFR 107.109 and 107.117. I hope this satisfies your request. Sincerely, ...0.. Director, Office of Hazardous Materials Standards -#

Page 3JUL, 20.1998 1: 33PM NO.001 P.212 Southeastern Fumigants, Inc. S17 Industrial Park Blvd. P. O. Box 548 912-995-5891 Dawson, Georgia 31742 SE Watts 1-800-544-7510 Fax 912-995-5893 June 12, 1998 Engrum § 173.334 Mr. Edward Mazzullo, Director Office of Hazardous Materials Standards U. S. Department of Transportation Washington, D.C. 20590-0001 • Dear Mr. Mazullo, During a routine inspection of Southeastern Fumigants, Inc, Mr. Wayne Chaney of the Office of Hazardous Materials Enforcement questioned whether or not the liquid withdrawal tube which we use in our 4BA240 cylinders actually met the requirements of an eduction tube. Eduction tubes are prohibited in the Hazardous Materials Regulation 173.334( c). It has bean our opinion that the tube was proper for use since its purpose is to facilitate the withdrawal of the liquid from the bottom of the cylinder. The tube is not intended as a safety relief tube or as a scavenging tube, Since there is some question as to what the definition of an "eduction tube" actually is, we would like to request clarification of what your office considers an eduction tube. Liquid withdrawal or "dip" tubes have been used for dispensing insecticides for a number of years. Conversion to cylinders that do not have a withdrawal tube would result in a cost of over $100,000 for our small company and would mean that most of the bulk peanut warehouses in the southeast would have to make modifications in their methods of dispensing insecticides. Additionally, the peanut harvest season will begin in mid- August and we must make preparations for that season, so time is a factor. We would appreciate your prompt reply as soon as possible. Should you have questions, you may contact me at the above address and telephone numbers. Thank you, Lany w. masay Larry W. Massey President#