Exceptions for non-specification packagings used in intrastate transportation.

(a)[Reserved]#

(b)Non-specification cargo tanks for petroleum products. Notwithstanding requirements for specification packagings in subpart F of this part and parts 178 and 180 of this subchapter, a non-specification cargo tank motor vehicle having a capacity of less than 13,250 L (3,500 gallons) may be used by an intrastate motor carrier for transportation of a flammable liquid petroleum product in accordance with the provisions of paragraph (d) of this section.#

(c)Permanently secured non-bulk tanks for petroleum products. Notwithstanding requirements for specification packagings in subpart F of this part 173 and parts 178 and 180 of this subchapter, a non-specification metal tank permanently secured to a transport vehicle and protected against leakage or damage in the event of a turnover, having a capacity of less than 450 L (119 gallons), may be used by an intrastate motor carrier for transportation of a flammable liquid petroleum product in accordance with the provisions of paragraph (d) of this section.#

(d)Additional requirements. A packaging used under the provisions of paragraphs (a), (b) or (c) of this section must—#

(1)Be operated by an intrastate motor carrier and in use as a packaging for hazardous material before October 1, 1998;#

(2)Be operated in conformance with the requirements of the State in which it is authorized;#

(3)Be specifically authorized by a State statute or regulation in effect before October 1, 1998, for use as a packaging for the hazardous material being transported;#

(4)Be offered for transportation and transported in conformance with all other applicable requirements of this subchapter;#

(5)Not be used to transport a flammable cryogenic liquid, hazardous substance, hazardous waste, or a marine pollutant (except for gasoline); and#

(6)For a tank authorized under paragraph (b) or (c) of this section, conform to all requirements in part 180 (except for § 180.405(g)) of this subchapter in the same manner as required for a DOT specification MC 306 cargo tank motor vehicle.#