National Propane Gas Association — Hazardous Materials Safety Interpretation

Page 1-. Y DOCKET of Transportation US. Department Washington. DC. 400 Seventh Street, SW 20590 Research and Special Programs Administration OCT 19 1998 Mr. W. H. Butterbaugh Senior Technical Advisor Ref. No.: 98-0244 National Propane Gas Association 1101 17th Street, N.W. Washington, D.C. 2003€ Suite 1004 Dear Mr. Butterbaugh: responds to your letter of August 18, 1998, concerning the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether propane cylinders are subject to the requalification requirements of the HMR when owned by private individuals who take them to propane marketers to be refilled. Your understanding is correct. As specified in § 171.1, the HMR govern the safe transportation of hazardous materials in intrastate, interstate, and foreign commerce. "In commerce" materials in excludes from regulation the transportation of hazardous a private vehicle where the material is for personal use. Thus, in the situations you describe in your letter, the propane cylinders are not subject to the requalification requirements of the HMR. I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, omar I. Allan Thomas G. Allan Senior Transportation Regulations Specialist Office of Hazardous Materials Standards 8557#

Page 2Gorsky §11.1 NPGA National PROPANE GAS Association 1101 17th Street, N.W., Suite 1004 •Washington, DC 20036 • 202/466-7200 • Fax 202/466-7205 August 18, 1998 File: 285.07.01.03 98-0244 Mr. Edward Mazzullo Research & Special Programs Administration Office of Hazardous Materials Safety 400 Seventh St. S.W. U.S. Department of Transportation Washington, DC 20590-0001 Dear ivir. Mazzulio. several of our member companies. A question regarding the applicability of the DOT Hazardous Materials Regulations has arisen from From time to time, a customer will bring a privately owned propane cylinder [typically DOT 4b, 4BA or cylinder that he brought in with him. These cylinders typically range in size from the small 20lb. (nominal) 4BW] to a local propane marketer to be refilled. The customer owns the cylinder and takes the very propane barbecue grill cylinder to a 100 lb. propane cylinder. Materials Regulations? It has been our understanding that since the propane company is not In such a circumstance, is such a cylinder subject to the requalification requirements of the Hazardous participating in the transportation of the cylinder that these Regulations are not applicable to such a commercial transaction. The state LP-gas safety regulations (via adoption of NFPA 58 by reference) adopt the identical filling to the requalification of the cylinder. provisions as are found in the Hazardous Materials Regulations. The question of concern here is directed We would appreciate your confirmation that such transactions and transportation of private property are outside the jurisdiction of the Hazardous Materials Regulations We would be glad to discuss this request further at your convenience. Sincerely, W. H. Butterbaugh, CAE ( Senior Technical Advisor Cc: D. N. Myers P. A. Squair R. R. Roldan 8557#