Interpretation Response #18-0157

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

Interpretation Response Details

Response Publish Date: 03/26/2019

Company Name: Landstar Transportation Logistics, Inc.

Individual Name: Wes Pace

Location State: FL Country: US

View the Interpretation Document

Response text:

March 26, 2019

Wes Pace
Director, Hazardous Materials Compliance
Landstar Transportation Logistics, Inc.
13410 Sutton Park Drive, South
Jacksonville, FL  32224

Reference No. 18-0157

Dear Mr. Pace:

This letter is in response to your December 7, 2018, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to transportation of non-DOT specification consumer propane storage tanks built in accordance with Section VIII of the ASME code (consumer storage tanks).  Specifically, you ask whether PHMSA inadvertently limited the transportation of consumer storage tanks in § 173.315(j) to private motor carriers. 

The answer is no.  Section 173.315(j) is intended to allow the transportation of filled or partially filled consumer storage tanks, as long as they meet the operational controls specified in the section.  The long-standing requirements in § 173.315(j), dating back to at least 1949, authorize transportation by private motor carrier only.  On February 11, 2011, PHMSA published final rule HM 245, "Hazardous Materials: Incorporation of Certain Cargo Tank Permits into Regulations" (76 FR 5483), which adopted a long-standing special permit (DOT SP 13341) into § 173.315(j).  DOT SP 13341 allowed for the transportation of consumer storage tanks with up to 500 gallon water capacity carrying quantities of propane greater than 5% of the container's water capacity when transported by private motor carrier.  The requirement for transportation by private motor carrier originally found in the introductory paragraph of § 173.315(j) was retained in the new paragraphs (j)(1) and (j)(2).  PHMSA received no comments to HM-245 that objected to the private motor carrier requirement.

Please note, if the consumer storage tank is cleaned and purged and no longer contains propane vapors capable of sustaining combustion, then the transportation of the consumer storage tank would not be subject to any requirements of the HMR.

Special permits may authorize relief from any requirement in the HMR, provided the applicant demonstrates an equivalent level of safety to that intended by the regulation.  To apply for a special permit, you must submit an application to the Associate Administrator for Hazardous

Materials Safety in conformance with the requirements prescribed in 49 CFR Part 107, Subpart B.  You may obtain information on the special permit application process from our website at https://www.phmsa.dot.gov/hazmat/special-permits/special-permits-overview or by calling PHMSA's Approvals and Permits Division at (202) 366-4511. 

I hope this information is helpful.  Please contact us if we can be of further assistance.

Sincerely,

Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division

173.315(j), (j)(1), (j)(2)

Regulation Sections