Northland President, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave., SE Washington, DC 20590 Mr. Richard Maxwell Vice President Northland President, Inc. 4025 Delridge Way, SW Seattle, WA 98 106 Ref. No. 09-0029 Dear Mr. Maxwell: This responds to your January 22,2009 letter requesting clarification regarding the use and applicability of the T Codes (Special Provisions) under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171 - 180). Specifically, you ask whether the guidance offered in our April 6,2005 letter (Ref. No. 05-0072) regarding the replacement of Special Provision T4 with T8 in Column (7) of the 5 172.10 1 Hazardous Materials Table (HMT) for the entry "Gasoline, UN1203" is still correct. The answer is yes. Special Provision T4 was inadvertently replaced by Special Provision T8 in a September 3,2003 rulemaking published under Docket HM-2 13 (68 FR 52363, 52369). Special Provision T4 must be used when determining portable tank requirements for "Gasoline, UN 1203." As indicated by the representative from our Hazardous Materials Information Center, the error has been noted and will be corrected in a future rulemaking. I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, I Charles E. Betts, fice of Hazardous Materials Standards kChief, Standards Development#

Page 2Northland Services 5/71. 14 A h o / / f Y A n I M K T ~ A M S C O I T A I I O M a b/'/;fq df- ooaqy January 22,2009 Mr. Edward T. Mazzullo Director, Office of Hazardous Materials Standards U.S. DOTIPHMSA (PHH-10) 1200 New Jersey Avenue, SE East Building, 2nd Floor Washington, DC 20590 Dear Mr. Mazzullo: I have today been in contact with the Hazardous Materials Information Center by means of a message that I sent through the website inquiry system and a return telephone call from a staff member who left a voice mail response. While I received the information that I requested, I would like to have that response documented as a written interpretation. My question concerned a letter of interpretation, Ref. No. 05-0072, that I viewed on the PHMSA website. In that letter, dated April 6,2005, Ms. Hattie L. Mitchell responded to a question about why Special Provision T4 was replaced by T8 in the § 172.10 1 Hazmat Table entry for "Gasoline, UN 1203." The answer provided was that Special Provision T4 had been inadver- tently replaced by Special Provision T8 in a September 3,2003 rulemaking, and that the error would be corrected in a future rulemaking. She further stated that, in the interim, Special Provi- sion T4 should be used when determining portable tank requirements for the entry "Gasoline, UN1203." My question was whether that response is still valid today, nearly four years later. The voice-mail message reply to my question, received today, was an affirmative response. The HMIC representative stated that the T8 Special Provision had not been corrected, but that it was still an erroneous entry, and that it is still the intent that Special Provision T4 should be used for gasoline shipments. The caller also stated that a note was being made in the corrections data- base, and that the erroneous entry should get changed in an upcoming Harmonized Rulemaking or General Edits Rulemaking process. Please provide a written confirmation of this response for our files. %chard axw well' / Vice President Northland Services, Inc. 4025 Delridge Way, SW Suite 100 Seattle, WA 98106 (206) 763-3000 Fax (206) 767-5579#