DOT publishes NPGA member exemption from 5% rule

On June 16, 2006, the U.S. Department of Transportation (DOT) issued to NPGA Special Permit 13341 (SP-13341) to allow the transportation of consumer storage tanks with greater than 5% propane. The permit applies to tanks up to 500 gallons water capacity.

Originally scheduled to expire on May 31, 2008, NPGA sought renewal of the special permit prior to its expiration. DOT agreed and granted NPGA's request to renew SP-13341 for a period of two years, thereby making it effective until March 31, 2010.

However, following further discussion between NGPA and DOT, the agency agreed to extend the renewal period for an additional two years.

The formal announcement extending the effective date for an additional two-year period was made by DOT Deputy Secretary Thomas Barrett during his address to attendees of Propane Days 2008. The Deputy Secretary noted that NPGA had made a compelling case for the safety factors associated with this Special Permit and that there was no justification for limiting the extension to only two years.

Consequently, SP-13341 is now scheduled to remain effective until May 31, 2012.

 

NPGA members / Non-members Requirements

 Please note that Special Permit 13341 is available to NPGA member companies only.

Non-member companies may, under 49 CFR 107.107, petition DOT to obtain "party status" to the Special Permit. However, to do so, non-member companies must submit their own individual filing with DOT in accordance with DOT administrative procedures. 

Compliance

Companies are strongly urged to read carefully the terms of the special permit to ensure compliance with all operational and documentation requirements. NPGA expects active DOT enforcement to ensure that all companies utilizing this permit are strictly adhering to its requirements. Building an excellent safety record over the duration of the special permit will benefit us in the future when approaching DOT with another request for renewal or modification or a formal petition to actually revise the regulation.

SP-13341's authorization letter and text of the permit can be found below as Adobe PDF copies available for printing. Copies of both the letter and permit must be kept in the vehicle at all times when transporting these tanks. Without the authorization letter, the permit alone is not valid.

Background

SP-13341 is the result of over 12 years of effort by NPGA to overcome DOT’s longstanding reluctance to accept such a change to their rules. Since November 2003, when the association’s staff dramatically ramped up our activity level on this issue, NPGA has held numerous meetings with agency officials and engaged in frequent exchanges of technical information.  Ultimately, NPGA was able to convince the regulators that an exemption to the 5% rule under certain circumstances will dramatically increase safety as compared with current requirements. June 19, 2006 special edition of NPGA Reports.

This initial victory regarding receipt of the special permit was announced to the membership in the

Notice of DOT’s initial renewal of SP-13341 appeared in the April 2, 2008 edition of NPGA Reports.

Questions?

If you have any questions on SP-13341, please contact Mike Caldarera, Vice President, Regulatory and Technical Services at NPGA at mcaldarera@npga.org.  You may also wish to contact DOT’s Office of Hazardous Materials Special Permits and Approvals directly at 202-366-4535.

This victory is another tremendous example of how the value of NPGA’s efforts in Washington pay off for the industry in their everyday procedures and practices.

Documents

SP-13341 Authorization Letter (March 31, 2012 Expiration Date)  (Members Only, Adobe PDF)

SP-13341 Permit (Members Only, Adobe PDF)

 

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