Interpretation Response #08-0243 ([Lovelace Gas Service, Inc.] [Mr. Bill Lovelace])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Lovelace Gas Service, Inc.
Individual Name: Mr. Bill Lovelace
Location State: FL Country: US
View the Interpretation Document
Response text:
December 22, 2008
Mr. Bill Lovelace
Lovelace Gas Service, Inc.
10606 East Colonia Drive
Orlando, Florida 32818
Ref. No.: 08-0243
Dear Mr. Lovelace:
This responds to your letter dated September 19, 2008, regarding requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) that apply to the placement of hazard warning labels on propane cylinders.
You state that as a propane marketer and refiller of 20 pound cylinders, your company has placed over 900 "Flammable Gas" labels on propane cylinders. The cylinders at issue have never had the Flammable Gas label affixed to the cylinder (neck) for transportation, although they had contained Propane prior to customers bringing them in for refilling. You ask if your understanding is correct that a cylinder containing Propane should have a Flammable Gas label permanently affixed to the cylinder (neck), rather than on a removable "plastic sleeve" placed around the body of the cylinder that displays the Flammable gas label among advertisements.
It is unclear whether you are addressing the placement of the Flammable Gas label on the neck of a cylinder that contains propane or cylinders that have been emptied and no longer represent a flammable gas hazard in transportation, but are brought to your company for refilling. Generally, a hazard warning label must be printed on or affixed to a surface (other than the bottom) of the package or containment device containing the hazardous material, and located on the same surface of the package and near the proper shipping name marking, if the package dimensions are adequate.
As prescribed in § 172.400a(a)(i) and (ii) of the HMR, a hazard warning label is not required on a cylinder containing a Division 2.1, 2.2 or 2.3 material that is not overpacked and durably and legibly marked in accordance with CGA Pamphlet C-7, Appendix A; that is, a neck ring label may be used on a cylinder in place of a hazard warning label.
A hazard warning label may be printed on or placed on a securely affixed tag, or may be affixed by other suitable means to a: 1) package that contains no radioactive material and that has dimensions less than those of the required label; 2) cylinder; and 3) package with such an irregular surface that a label cannot be satisfactorily affixed. Therefore, a removable "plastic sleeve" affixed to, or placed around the body of the cylinder that displays the Flammable Gas label for Propane is acceptable (See § 172.406).
Cylinders that are emptied and cleaned and purged of residue and that no longer pose a hazard in transportation must be shipped in accordance with the empty packagings requirements prescribed in §173.29.
I hope this information is helpful. If we can be of further assistance, please contact us.
Sincerely,
Charles E. Betts
Chief, Standards Development
Office of Hazardous Materials Standards
172.400, 172.406
Regulation Sections
| Section | Subject |
|---|---|
| 172.400 | General labeling requirements |
| 172.406 | Placement of labels |