{"operation":"document","citation":"98-0202","title":"Southeastern Fumigants, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1998-08-07","effective_on":null,"summary":"98-0202 response to Southeastern Fumigants, Inc. concerning 173.334.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0202.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0202.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0202","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1998/980202.pdf","body":"<<<PAGE 1>>>\n\n•\nU.S.Department\n.. •\nof Transportation\n400 Seventh Street, S.W.\nResearch and\nWashington, D.C.\n20590\nSpecial Programs\nAdministration\nAUG 7 1998\nMr. Larry W. Massey\nPresident Southeastern Fumigants, Inc.\nRef. No. 98-0202\nP.O. Box 548\nDawson, Georgia 31742\n:\nDear Mr. Massey:\nThis is in response to your letter dated June 12, 1998 regarding whether a \"tube\" located near the\nbottom of a 4BA 240 cylinder used to withdraw the liquid material out would be considered an\n\"eduction tube\" under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You\nasked for clarification of what is considered an \"eduction tube\" for cylinders containing organic\nphosphates mixed with compressed gases under the HMR.\nA tube used to facilitate the withdrawal of liquid from the bottom of a cylinder, as described in\nyour letter, is an eduction tube. As you are aware, the requirements in § 173.334(c) prohibit\ncylinders containing organic phosphates mixed with compressed gases from being equipped with\neduction tubes during transportation.\nProcedures for requesting exemptions from HMR requirements are set forth in 49 CFR 107.109\nand 107.117.\nI hope this satisfies your request.\nSincerely,\nEdul 7 Mangalle\nEdward T. Mazzullo/\n:..\nDirector, Office of Hazardous\nMaterials Standards\n173.334\n\n<<<PAGE 2>>>\n\n\" '\nLAE\nU.S.Department\nof Transportation\n400 Seventh Street, S.W.\nWashington, D.C.\n20590\nResearch and\nAdministration\nSpecial Programs\nAUG\n7 1998\nMr. Larry W. Massey\nFARET\nRef. No. 98-0202\nPresident Southeastern Fumigants, Inc.\nP.O. Box 548\nDawson, Georgia 31742\nDear Mr. Massey:\nThis is in response to your letter dated June 12, 1998 regarding whether a \"tube\" located near the\nbottom of a 4BA 240 cylinder used to withdraw the liquid material out would be considered an\n\"eduction tube\" under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You\nasked for clarification of what is considered an \"eduction tube\" for cylinders containing organic\nphosphates mixed with compressed gases under the HMR.\nA tube used to facilitate the withdrawal of liquid from the bottom of a cylinder, as described in\nyour letter, is an eduction tube. As you are aware, the requirements in § 173.334(c) prohibit\ncylinders containing organic phosphates mixed with compressed gases from being equipped with\neduction tubes during transportation.\nProcedures for requesting exemptions from HMR requirements are set forth, in 49 CFR 107.109\nand 107.117.\nI hope this satisfies your request.\nSincerely,\n...0..\nDirector, Office of Hazardous\nMaterials Standards\n-\n\n<<<PAGE 3>>>\n\nJUL, 20.1998\n1: 33PM\nNO.001\nP.212\nSoutheastern Fumigants, Inc.\nS17 Industrial Park Blvd.\nP. O. Box 548\n912-995-5891\nDawson, Georgia 31742\nSE Watts 1-800-544-7510\nFax 912-995-5893\nJune 12, 1998\nEngrum\n§ 173.334\nMr. Edward Mazzullo, Director\nOffice of Hazardous Materials Standards\nU. S. Department of Transportation\nWashington, D.C. 20590-0001\n•\nDear Mr. Mazullo,\nDuring a routine inspection of Southeastern Fumigants, Inc, Mr. Wayne Chaney of the\nOffice of Hazardous Materials Enforcement questioned whether or not the liquid\nwithdrawal tube which we use in our 4BA240 cylinders actually met the requirements of\nan eduction tube. Eduction tubes are prohibited in the Hazardous Materials Regulation\n173.334( c). It has bean our opinion that the tube was proper for use since its purpose is\nto facilitate the withdrawal of the liquid from the bottom of the cylinder. The tube is not\nintended as a safety relief tube or as a scavenging tube, Since there is some question as\nto what the definition of an \"eduction tube\" actually is, we would like to request\nclarification of what your office considers an eduction tube.\nLiquid withdrawal or \"dip\" tubes have been used for dispensing insecticides for a number\nof years. Conversion to cylinders that do not have a withdrawal tube would result in a\ncost of over $100,000 for our small company and would mean that most of the bulk\npeanut warehouses in the southeast would have to make modifications in their methods\nof dispensing insecticides. Additionally, the peanut harvest season will begin in mid-\nAugust and we must make preparations for that season, so time is a factor. We would\nappreciate your prompt reply as soon as possible. Should you have questions, you may\ncontact me at the above address and telephone numbers.\nThank you,\nLany w. masay\nLarry W. Massey\nPresident","truncated":false,"body_characters":4392}