{"operation":"document","citation":"08-0142","title":"Mr. Larry A. Berg — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-06-16","effective_on":null,"summary":"08-0142 response to Mr. Larry A. Berg concerning 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0142.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0142.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0142","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080142.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nJUN 1 6 2008\nMr. Larry A. Berg\nManager, Quality Systems\nCeltech Corporation\n1300 Terminal Drive\nCarlsbad, NM 88220\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nRef. No.: 08-0142\nDear Mr. Berg:\nThis is in response to your May 1 5,2008 letter regarding the transportation of\" 10 10 lube oil\"\nin cargo tanks under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171 - 180). In\nthe scenario described in your letter, you use the lube oil to test the tank, piping, and pump for\nleaks. You then drain the tank, which leaves five to ten gallons of residual lube oil in the tank\nand service equipment. You ask if these cargo tank motor vehicles are regulated when\ntransported in commerce.\nUnder $ 173.22 of the HMR, it is the shipper's responsibility to properly classify a hazardous\nmaterial. This office generally does not perform this function. However, based on the\ninformation provided in your letter, it is the opinion of this Office that the \" 10 10 lube oil\" has\na flash point above 200°F and is not a flammable or combustible liquid. Therefore, provided\nthe lube oil does not meet any other hazard class, in your scenario, the cargo tank motor\nvehicles are not subject to the HMR.\nI hope this information is helpful. If you have m h e r questions, please do not hesitate to\ncontact this office.\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nApp1 ,;&;I2\nDrakeford, Carolyn <PHMSA> 08-01\n.-.--..-..,...-,---,,m ~ --,- * -.*-..-.A\" ...-,,, ~ --,\\\" .-.--..-,\" ,-\" ~ . ..... -. ... \". .\". .\".. -..... \".,. .. -\"-. \"-\" \" , ,,,., \" ~ * ~, . . \" \"....-....,.a \",. . .\". ~..\nFrom: INFOCNTR <PHMSA>\nSent: Friday, May 16,2008 10:33 AM\nTo: Drakeford, Carolyn <PHMSA>\nCc: 'Iberg@celtechspace.com'\nSubject: FW: Request for information regarding transportation of 1010 lube oil\nFrom: Larry Berg [mailto: 1\nSent: Thursday, May 15, 2008 5:10 PM\nTo: INFOCNTR <PHMSA>\nCc: Rudy Juarez; Jeanna Adamo\nSubject: Request for information regarding transportation of 1010 lube oil\nGreetings,\nI request an interpretation, and written response to this inquiry. Celtech manufactures ground support\nequipment for jet and turbo-prop engine testing for the military and commercial business. We're\nconsidering a change in a test procedure to use standard 101 0 lube oil (e.g. MIL-L-608 1) instead of the\ncurrently used water, when testing our fuel trailers. For functional and leak testing, we plan to run about\n300 to 400 gallons of 10 10 lube oil through the tank, piping and pump, located on the fuel trailer. After a\nfull system drain, the fuel trailer could potentially still have anywhere from about 5 to 10 gallons\nof residual 101 0 lube oil left inside the unit. These fuel trailers are then transported by hired commercial\ntruckers to locations throughout the United States.\nI contacted the US DOT Hazardous Materials and Safety Division via telephone this morning to discuss\nthis change in our testing process. We are concerned about the trucks legally hauling these fuel trailers\nthat could contain lube oil. I was told by an HMSD staff member that 10 10 lube oil is not classified as a\nhazardous material in regards to transportation, thus not requiring any special permits or certifications to\ntransport that small of an amount. The end-user (USAF) would then mix their fuel with the lube oil to\ndilute it, and eventually burn it off during engine test. We would like to be pro-active in our approach to\nsafety, and abide by the law. Therefore, I request a written statement to confirm what I was told over the\ntelephone today. We intend to provide a copy of your letter to all the truck drivers, in the event where\nthey might need to deal with highway patrol or the DOT.\nOur main customer is the U.S. Military (Air Force), and we have a very tight delivery schedule to keep.\nAnything you can do to help expedite this request will be greatly appreciated. Thank you very much.\nLanyJ. Berg\nManager, Quality Systems\nCELTECH CORPORATION\n1300 Terminal Dr.\nCarlsbad, NM 88220\nTel: 575-887-2044 x242\nCell: 575-499-3335\nFax: 575-885-6976\nw~w~w.celtech.corn\nPI,EASF, NOTE AliEA CODE CHANGE TO 575","truncated":false,"body_characters":4251}