National Tank Truck Carriers, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 0 Seventh Street. S ishington, D.C. 205 Special Programs Research and Administration FEB - 1 2001 Mr. John L. Conley Ref. No. 00-0350 National Tank Truck 2200 Mill Road Carriers, Inc. Alexandria, VA 22314 Dear Mr. Conley: the applicability of the Hazardous Materials Regulations (HMR; 49 This is in response to your November 28, 2000, letter regarding parts 171-180) to fuel oil No. 6 with a flash point above material that has a flash point above 60.5°C (141°F) and below Under § 173.120 (b) (1), a combustible liquid is defined as a 93°C (200°F) that does not meet the definition of any other hazard class under the HMR. Therefore, fuel oil No. 6 with a flash point greater than 93°C (200°F), that does not meet any other hazard class defining criteria in Part 173, and is not a hazardous waste, hazardous substance, or marine pollutant, is not subject to the HMR. I hope this satisfies your request. Sincerely, Transportation Regulations Specialists Office of Hazardous Materials Standards ... 000350#

Page 2NATIONAL TANK NTTC NATIONAL TANK TRUCK CARRIERS, INC. TRUCK CAPRIERS THE NATIONAL ORGANIZATION SERVING THE FOR-HIRE TANK USTRY CLIFFORD J. HARVISON PRESIDENT 2200 MILL ROAD • ALEXANDRIA, VA 22314-4677 PHONE: 703/838-1960 • FAX: 703/684-5753 November 28, 2000 Gate BAH Mr. Edward Mazzullo $172.101 Office of Hazardous Materials Standards $172.202 Research and Special Programs Administration 400 7* St. SW U.S. Department of Transportation placarding/ Washington D.C. 20590 Shippingtapers Dear Mr. Mazzullo: Applicability 00-0350 relative to "fuel oil, (No. 6)." Do the Hazardous Materials Regulations, such We would appreciate an interpretation of the Hazardous Materials Regulations s placarding and requirements for shipping papers, apply to a tank truck loa f fuel oil #6 that has a flash point over 200 degrees Fahrenheit? In othe words, is a bulk load of fuel oil #6 with a flash point over 200 degrees Fahrenheit a hazardous material? We understand that a specification cargo tank would not be required, but questions have arisen concerning other parts of the regulations-specifically placarding and shipping papers.. Thank you for an early consideration of this question. Sincerely, John L. Conley Vice President#