Interpretation Response #16-0060 ([Ms. Tory Foster])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name:
Individual Name: Ms. Tory Foster
Location State: MS Country: US
View the Interpretation Document
Response text:
August 4, 2016
Ms. Tory Foster
1703 McInnis Drive
Waynesboro, MS 39967
Ref. No. 16-0060
Dear Ms. Foster:
This responds to your April 13, 2016 email and conversation with a member of my staff requesting clarification of the requirements for the transport of storage containers for liquefied petroleum gas for permanent installation on consumer premises in accordance with the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask how a 120 gallon portable tank filled to 80% of its capacity is to be loaded and secured on a transport vehicle for delivery to a consumer premises under § 173.315. In your letter you note that § 173.315(j)(3) permits storage containers of less than 125 gallons to be shipped when charged with liquefied petroleum gas in compliance with DOT filling density, but do not specify how to load or secure the tank.
The HMR currently do not prescribe requirements for the transport of a storage container for liquefied petroleum gas charged in excess of 5 % of its capacity for permanent installation on consumer premises. Upon further review, it is the opinion of this Office that § 173.315(j)(3) should also apply the conditions required in § 173.315(j)(1). Thus, we recommend that a storage container of less than 125 gallons water capacity be shipped for permanent installation on consumer premises when charged with liquefied petroleum gas charged in conformance with the DOT filling density and shipped in accordance with the other conditions of § 173.315(j)(1).
In final rule HM-245 (76 FR 5483; February 1, 2011), PHMSA incorporated the provisions of special permit (SP) 13341 into the HMR by revising § 173.315(j)(2). The final rule only intended to provide provisions for the one-way transport of liquefied petroleum gas in consumer storage containers from a consumer premises to the container owner’s nearest facility. However, in this final rule, PHMSA inadvertently created a new § 173.315(j)(3) that was intended to be § 173.315(j)(1)(iv).
We did not intend to authorize the transport of storage containers of less than 125 gallons of liquefied petroleum gas without additional operational conditions included in § 173.315(j)(1), and we thank you for bringing this matter to our attention. PHMSA will revise this language in a future rulemaking.
I hope this answers your inquiry. If you need additional assistance, please contact the Standards and Rulemaking Division at (202) 366-8553.
Sincerely,
Duane A. Pfund
International Standards Coordinator
Standards and Rulemaking Division
173.315, 173.315(j)(3), 173.315(j)(1), 173.315(j)(2), 173.315(j)(1)(iv)