Office of Motor Carrier Services — Hazardous Materials Safety Interpretation

Page 1J.S. Department 400 Seventh St., S.W. of Transportatior Washington, D.C. 20590 Special Programs Research and Administration OCT 1 9 2001 Mr. Michael Ritchie Ref. No. 01-0212 Office of Motor Carrier Services Mail Stop 420 1110 Centre Pointe Curve Medota Heights, MN 55120-4152 Dear Mr. Ritchie: This is in response to your August 9, 2001 letter requesting clarification on an exemption issued under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask about hazard communication requirements and exceptions for a tank constructed in accordance with DOT-E 11911. This exemption authorizes the construction and use of a 100 gallon capacity tank constructed in conformance with the requirements of a UN31A or UN31B intermediate bulk container (IBC) and allows the tank to be unloaded while on the motor vehicle. You present a number of questions that all rely on one central issue: Are these 100 gallon tanks, built to an IBC specification, considered bulk or non-bulk containers? These tanks, built in accordance with DOT-E 11911, are considered non-bulk packages for the purpose of hazard communication and are eligible to be considered for exceptions for combustible liquids in non-bulk packagings under § 173.150(f) and placarding exceptions provided in § 172.504(c). I hope this satisfies your request. Sincerely, Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards 010212 -#

Page 2• Minnesota Department of Transportation Johnsen 172.504.173.150 Mail Stop 420 Office of Motor Carrier Services Placarding see rome 1110 Centre Pointe Curve Mendota Heights, MN 55120-4152 Fax: 651/405-6082 ax: 651/405-6060 01-026 August 9, 2001 Mr. Edward Mazzullo Materials Standards Director, Office of Hazardous USDOT/ RSPA 400 Seventh St. SW Washington DC 20590 Dear Mr. Mazzullo The Minnesota Department of Transportation, Office of Motor Carrier Services has received a request for information from a USDOT registered cargo tank facility in our state. That cargo tank facility manufactures, installs, and inspects specification and non- specification cargo tanks. I have discussed this issue with Mir. Donald Burger of your staff. The cargo tank facility is installing a tank manufactured under the provisions of USDOT Exemption number DOT-E 11911. The tank has a capacity of 100 gallons, and is marked by the manufacturer with a decal that states " This Transfer Flow, Inc. tank, has been granted D.O.T. Exemption Number DOT-E 11911". DOT-E 11911authorizes the manufacture, marking, sales and use of non-DOT specification metal refueling tanks containing one of six listed class 3 flammable liquids. It also allows those materials to be discharged from the fueling tanks without removing the tanks from the vehicle. The exemption grants relief from the provisions of 49 CFR § 178.700 (c) (1) in that the size of the package is less than 119 gallons, and § 177.834 (h) in that the tank is unloaded while on a motor vehicle. No relief from any other hazardous materials regulation is authorized. Paragraph 7 indicates that the tanks must be constructed in conformance with the requirements for a DOT Specification UN31A or UN3IB intermediate bulk container, except for water capacity. Should non-bulk tanks authorized by DOT-E 11911, transporting gasoline, be marked azard communication standards for bulk packaging apply since the tanks are constructe nd labeled in conformance with the requirements for non-bulk packaging or do th to an IBC standard, other than capacity? Does the vehicle transporting this tank require placarding if the gross weight of the tank and gasoline is less than 1,001 pounds? An equal opportunity employer#

Page 3If a DOT-E 11911 tank transports a material eligible for the combustible liquid exception n § 173.150 (f), could that movement be covered by the provisions of subparagraph (2 if that section, i.e., excepted from the requirements of the subchapter as a non-bull packaging, or will the requirements of subparagraph (3) for bulk packaging apply to that transportation? Thank you for your consideration of these issues. If you have any questions, or need more information, please contact me at (651) 405-6120 or by email at michael.ritchie@dot.state.mn.us. Yours truly, Michael Ritchie Hazardous Materials Specialist Minnesota DOT Office of Motor Carrier Services 1110 Centre Pointe Curve Mendota Heights, MN 55120#