{"operation":"document","citation":"99-0169","title":"Ultramar Diamond Shamrock — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1999-09-15","effective_on":null,"summary":"99-0169 response to Ultramar Diamond Shamrock concerning 172.504.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0169.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0169.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0169","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1999/990169.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nWashington, D.C\nSpecial Programs\nResearch and\nAdministration\nSEP 1 5 1999\nMr. George Lewis\nRef. No. 99-0169\nMeasurement Manager\nUltramar Diamond Shamrock\nHCRI Box 36\nSunray, TX 79086\nDear Mr. Lewis:\nThis is in response to your letter dated June 23, 1999, concerning the requirements for placarding a\nvehicle, other than a cargo tank, with up to 60 gallons of flammable and combustible liquid in a non-\nspecification packaging under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nSpecifically, you ask whether placarding is based solely on the weight of the material, or the material\nplus the packaging (including the hoses and piping).\nAs provided by § 172.504(a), a transport vehicle containing over 1,000 pounds aggregate gross weight\n(packaging plus contents) of a hazardous material covered by Table 2 must be placarded. In this case,\nthe packaging is considered a non-bulk packaging (capacity of less than 119 gallons) and authorized\nunder the terms of an exemption. The exemption grants no relief from the placarding provisions of Pait\n172, Subpart F; therefore, your meter provers containing flammable liquid and/or flammable gas must\nbe placarded.\nI trust this answers your inquiry. If you have further questions, please do not hesitate to contact this\nOffice.\nSincerely,\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n172,504\n990169\n\n<<<PAGE 2>>>\n\nNelson\n8172.504\nULTRAMAR DIAMOND SHAMROCK\nORPO\nR\nT\n99-0169\nRSPA Office of Hazardous Materials Standards (DHM-10)\nU.S. Department of Transportation\n400 Seventh Street SW\nWashington, DC\n20590-0001\nTO WHOM IT MAY CONCERN\nDiamond Shamrock Refining and Marketing, a group company of Ultramar Diamond\nShamrock, employs Small Volume Provers (SVP) to accomplish measurement tasks. The\nfunction of these units is to \"prove\" the accuracy of meters, thereby establishing a \"meter\nfactor\"\nThe SVPs are 15 gallon certified containers traceable to the National Institute of Standards\nand Technologies (NIST). Typically they will contain diesel, gasoline, crude oil, or other\npetroleum products associated to the industry in a guantity no greater than 60 gallons\nincluding connecting hoses, associated piping, etc. The ANSI pressure ratings are 740 for\nthe two older units and 1480 for the two newer units. The prover's shipping weight is listed\nas 4,350 pounds.\nThree of these provers are mounted on Ford F450 trucks / utility beds, and one is mounted on\n: a fifth wheel trailer towed by a ¾ ton pickup. The Ford F450 units, with provers permanently\nmounted, weigh no greater than 16,000 pounds.\nWe are currently attempting to placard the units in accordance with Hazardous Materials\nRegulations of the Department of Transportation because of confusion and uncertainty\nconcerning our responsibilities, as well as our desire to do the right thing. State Troopers\nhave been little help. We can't seem to get a consensus from them as to what we should do.\nFor example, the Colorado troopers tell us we don't need placards while the Texas troopers\nGiven our understanding of the regulations, we believe we do not need to apply placards to\nthese SVPs as set forth below:\n• Under 172.504 (c)\n\"Except for bulk packagings and hazardous materials subject to 172.505 when\nhazardous materials covered by table 2 of this section are transported by highway or\nrail are not required on -\n\n<<<PAGE 3>>>\n\n(1) a transport vehicle or freight container which contains less than 1,001\npounds aggregate gross wight of hazardous materials covered by\nTable 2 of paragraph (c) of the section;\nOur contention is that while our container weighs over 4,000 pounds, we believe the\nDOT is specifically addressing the weight of these products in table 2. Our container is\nstainless steel which, of course, is NOT hazardous. An applicable example of this section\nmight be transport trucks which could be carrying 2,000 gallons of Diesel, 4,000 gallons of\ngasoline, and 4,000 gallons of turbine fuel. We believe the aggregate weight of the\nproducts is the intent of the regulation.\nHowever, several troopers have insisted that we placard because the \"aggregate gross\n1,001 pounds. In this context, though, we believe the DOT is specifically concerned wit\nveight inciudes the weight of the container, which we know exceeds the aforementioner\nsafety and environmental issues with respect to these hazardous materials. Other troopers\nagree with us that the subject and purpose of the sentence is hazardous materials covered in\nTable 2.\n• According to the Definitions, we believe we qualify as \"non bulk\", exceeding neither the\n119 gallons as a receptacle for liquid NOR the 1000 pounds as a receptacle for gas.\n• 172.500 (b)(6) states that these placarding requirements do not apply to non bulk\ncontainers.\nFinally, in the Publisher's Note, one is led to believe the purpose of the placards is to inform\nothers to the danger of hazardous materials, but we continually get the \"weight of the\ncontainer\" issue.\nIt is our desire is to be conscientious corporate citizens, keenly aware of environmental\nconcerns, and lawful in our practices. Therefore, we respectfully request your written\ninstruction or advice you deem pertinent will be greatly appreciated.\nconcurrence that our vehicles as described are exempt from these laws. Any additional\nSincerely,\npone tena\nJeorge Lewi\nMeasurement Manager\nUltramar Diamond Shamrock\nHCR1 Box 36\nSunray, Texas 79086\nDaytime\n(806) 935-1339\nEmail\ngeorge_lewis@udscorp.com","truncated":false,"body_characters":5521}