Kovatch Corporation — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 00s Sington SC.S Vashington. D. Research and pecial Program dministrati JUN Lal 6 2000 Mr. David Schappell Ref. No. 00-0137 Kovatch Corporation One Industrial Complex Nesquehoning, PA 18240 Dear Mr. Schappell: This is in response to your April 13, 2000, letter concerning the use of non-specification cargo tanks with a capacity over 3500 gallons under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if these cargo tanks may be used after July 1, 2000, for intrastate transportation of flammable liquid petroleum products. The answer is no. The provisions of § 173.8(b) provide for the use of a non-specification cargo tank with a capacity under 3500 to transport flammable liquid petroleum products after July 1, 2000. There is no provision in the HMR to allow the use of a non-specification cargo tank greater than 3500 capacity for flammable liquid petroleum products after July 1, 2000. I hope this satisfies your request. Sincerely, Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards 000137 1138#

Page 2KOVATCH CORPORATION HONE: 570-669-946 00A53 19 01 7:02 Johnsen 173.8 00-0/3> Research and Special Programs Administration Department of Transportation 400 Seventh Street, SW Washington, DC 20590 April 13, 2000 Dear Sir/Madam: Under Paragraph 173.8 (b) of Title 49, Code of Federal Regulations (49CFR), non specification cargo tanks under 3500 gallon may be used for intrastate transportation of a flammable liquid petroleum product. Does this mean that those non specification tanks over 3500 gallons will no longer be permitted after July 1, 2000? I have been watching all the commercial publications which list new rule changes and I have not seen any mention of this. I have mentioned this to several other tank manufacturers and they seem not to be aware of it. If you could clear this up for me, it would be greatly appreciated. The address is: Kovatch Corporation ATTN: David Schappell One Industrial Complex Nesquehoning, PA 18240 Thank you for your assistance. Sincerely, Pan lagers Manager, KME Fuel Trucks#