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Interpretation Response #04-0133 ([National Propane Gas Association] [Mr. Philip A. Squair])

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

Interpretation Response Details

Response Publish Date:

Company Name: National Propane Gas Association

Individual Name: Mr. Philip A. Squair

Location State: DC Country: US

View the Interpretation Document

Response text:

Dec 3, 2003


Mr. Philip A. Squair                      Reference No.  04-0133

Vice President, Regulatory and

  Technical Services

National Propane Gas Association

1150 17th  Street, N.W., Suite 310

Washington, DC 20036

Dear Mr. Squair:

This is in response to your letter concerning the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the on-site filling of forklift cylinders directly from bobtails. We apologize for the delay and hope it has not caused you any inconvenience. Specifically, you ask if the final rule published under HM-223 on October 30, 2003 prohibits on site filling of forklift cylinders from cargo tank motor vehicles. You further request clarification of the applicability of volumetric filling requirements of cylinders under § 173.304.

The HM-223 final rule clarifies the applicability of the HMR to specific functions and activities, including hazardous materials loading and unloading operations and storage of hazardous materials during transportation. The final rule is intended to codify in the HMR long-standing policies and interpretations concerning the applicability of the regulations to specific functions and operations. The HM-223 final rule becomes effective on June 1, 2005.

With regard to "unloading incidental to movement," the HM-223 final rule reiterates long-standing regulatory requirements and administrative interpretations concerning the applicability of the HMR to certain unloading operations. The HM-223 final rule does not prohibit any unloading operations that are currently permitted under the HMR. Thus, a cargo tank motor vehicle may be unloaded directly into a cylinder or other container provided the requirements applicable to the unloading operation are met (see, for example, § 177.834(i) and 177.840(1), (m), (n), (o), (p), (q), (r), and (s)).

With regard to the volumetric filling of cylinders, you are correct that cylinders that are filled and used at a work-site and not offered for transportation in commerce are not regulated under the HMR, but in fact come under the jurisdiction of Occupation Safety

and Health Administration (OSHA) Standards. If you have questions concerning cylinders used at the workplace you should contact OSHA.

I hope this satisfies your inquiry. If you have any further questions, please free to contact this office.



Susan Gorsky

Regulations Officer

Office of Hazardous Materials Standards


Regulation Sections

Section Subject
171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and functions