Steptoe &; Johnson, LLP — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 400 Seventh Street, S.W. 20590 Special Programs Research and Administration SEP 2 3 1999 Mr. David H. Coburn Ref. No. 99-0152 Steptoe & 1330 Connecticut Avenue, NW Johnson, LLP Washington, DC 20036-1795 Dear Mr. Coburn: This is in response to your June 10, 1999, letter concerning liquefied gas loading in tank car tanks per the Hazardous Materials Regulations (HMR; 49 CFR, Parts 171-180): Specifically, you asked about the requirements in § 173.314 (e) concerning the methods for verification of tank car content. As per § 173.314 (e), the amount of liquefied gas loaded into a tank may be determined by either measurement or calculation. If the measurement option is used, the weight must be checked scales. after disconnecting the loading lines by the use of proper . the tank car Calculation by using the outage tables supplied by at the plant is allowed for liquefied petroleum gas, owners and the specific gravities as determined methylacetylene and propadiene mixtures, stabilized, dimethylamine, monomethylamine, and trimethylamine only. If this option is used, then the computation must be checked by determination of specific gravity of product after loading. Since anhydrous ammonia is not listed, the method involving outage tables and specific gravities is not an option. I hope this satisfies your request. Sincerely, mn 7Balho Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards 990152 173.314#

Page 2STEPTOE & JOHNSON LIP Washington, DC 20036-1795 1330 Connecticut Avenue, NW Telephone 202.429.3000 Facsimile 202.429.3902 www.steptoe.com Johnsen 3173.314 DAVID H. COBURN dcoburn@steptoe.com (202) 429-8063 99-0152 June 10, 1999 Mr. Edward T. Mazzullo, Director Office of Hazardous Materials Standards Room 8102 Research and Special Programs Administration 400 7" Street, S.W. U.S. Department of Transportation Washington, D.C. 20591 Re: Request for Confirmation of Hotline Opinion Dear Mr. Mazzullo: Administration, I hereby request your confirmation of the views offered to me by the RSPA Pursuant to § 107.14(b) of the regulations of the Research and Special Programs hotline on May 28, 1999 with respect to section 173.314(e) of the Hazardous Materials Regulations. This regulation provides in its opening sentence that the amount of a liquefied gas loaded into a tank may be determined "either by measurement or calculation of the weight." Based on these plain terms, our view is that the amount of any liquefied gas, including anhydrous regulation's third sentence, which discusses the manner in which the weight of certain ammonia, can be verified either by measurement or calculation of its weight. In our view, the specifically listed liquefied gases is to be calculated, merely defines the method in which the amount of those listed liquefied gases are to be calculated and does not limit the calculation option provided to other liquefied gases by the regulation's first sentence. Further, we view the the use of outage tables and specific gravities. regulation as allowing the calculation of the weight of anhydrous ammonia loaded into a tank by These views are consistent with those offered to me by the RSPA hotline, which opined based on a preliminary review of the regulation that the amount of any liquefied gas can be determined by calculation under this regulation. We request your confirmation that RSPA interprets the regulation in the manner reported by the hotline and described above. WASHINGTON PHOENIX LOS ANGELES MOSCOW ALMATY#

Page 3Your reply to this request at the earliest convenience would be greatly appreciated. Of course, please let me know if you have any questions. Thank you in advance for your prompt attention to this matter. Sincerely, Palace David H. Coburn - 2-#