Interpretation Response #13-0140 ([Linden’s Propane] [Mr. Ray Anielski])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 08/30/2013

Company Name: Linden’s Propane

Individual Name: Mr. Ray Anielski

Location State: OH Country: US

View the Interpretation Document

Response text:

August 21, 2013

Mr. Ray Anielski
Operations Manager
Linden’s Propane
14219 Lagrange Road
Lagrange, OH 44050

Ref. No.: 13-0140

Dear Mr. Anielski:

This is in response to your June 17, 2013 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of liquefied petroleum gas (LPG) in storage tanks for permanent installation on consumer premises.  You ask if a 1,000 gallon consumer storage container, charged to five percent of its capacity or less, may extend beyond the vehicle.  In addition, you state that Department of Transportation (DOT) Special Permit DOT-SP 13341 does not address overhang restrictions for containers with a water capacity exceeding 500 gallons.

The answer is yes.  Storage containers for LPG or propane charged to five percent of their capacity or less and intended for permanent installation on consumer premises may extend beyond the envelope or frame of the vehicle provided they are otherwise properly secured and protected from damage in accordance with §§ 173.315(j)(1)(iii) and 177.834(a).  

In final rule HM-245 (76 FR 5483; February 1, 2011), PHMSA incorporated the provisions of SP 13341 into the HMR to authorize the transportation of LPG in consumer storage containers in quantities greater than five percent of the container’s capacity when in a container not exceeding 500 gallons water capacity.  The provisions of SP 13341 and the incorporated provisions of § 173.315(j)(2)(i) through (j)(2)(ix) would not be applicable in the scenario provided in your letter as your storage container is not charged to more than five percent of its capacity.  The provision of § 173.315(j)(2)(vi) requiring that the storage container not extend beyond the vehicle frame only applies to storage containers with a water capacity not exceeding 500 gallons when charged with LPG to more than five percent of their capacity as prescribed in § 173.315(j)(2.)  

I hope this information is helpful.  If you have further questions, please do not hesitate to contact this office.

Sincerely,

Delmer Billings
Senior Regulatory Advisor
Standards and Rulemaking Division

173.315(j)(1)(iii),  177.834(a)

Regulation Sections