{"operation":"document","citation":"09-0029","title":"Northland President, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-02-18","effective_on":null,"summary":"09-0029 response to Northland President, Inc. concerning 172.101.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0029.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0029.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0029","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2009/090029.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave., SE\nWashington, DC 20590\nMr. Richard Maxwell\nVice President\nNorthland President, Inc.\n4025 Delridge Way, SW\nSeattle, WA 98 106\nRef. No. 09-0029\nDear Mr. Maxwell:\nThis responds to your January 22,2009 letter requesting clarification regarding the use and\napplicability of the T Codes (Special Provisions) under the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171 - 180). Specifically, you ask whether the guidance offered in our\nApril 6,2005 letter (Ref. No. 05-0072) regarding the replacement of Special Provision T4\nwith T8 in Column (7) of the 5 172.10 1 Hazardous Materials Table (HMT) for the entry\n\"Gasoline, UN1203\" is still correct.\nThe answer is yes. Special Provision T4 was inadvertently replaced by Special Provision T8\nin a September 3,2003 rulemaking published under Docket HM-2 13 (68 FR 52363, 52369).\nSpecial Provision T4 must be used when determining portable tank requirements for\n\"Gasoline, UN 1203.\" As indicated by the representative from our Hazardous Materials\nInformation Center, the error has been noted and will be corrected in a future rulemaking.\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely, I\nCharles E. Betts,\nfice of Hazardous Materials Standards kChief, Standards Development\n\n<<<PAGE 2>>>\n\nNorthland Services 5/71. 14\nA 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\ndf- ooaqy\nJanuary 22,2009\nMr. Edward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\nU.S. DOTIPHMSA (PHH-10)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nDear Mr. Mazzullo:\nI have today been in contact with the Hazardous Materials Information Center by means of a\nmessage that I sent through the website inquiry system and a return telephone call from a staff\nmember who left a voice mail response. While I received the information that I requested, I\nwould like to have that response documented as a written interpretation.\nMy question concerned a letter of interpretation, Ref. No. 05-0072, that I viewed on the PHMSA\nwebsite. In that letter, dated April 6,2005, Ms. Hattie L. Mitchell responded to a question about\nwhy Special Provision T4 was replaced by T8 in the § 172.10 1 Hazmat Table entry for\n\"Gasoline, UN 1203.\" The answer provided was that Special Provision T4 had been inadver-\ntently replaced by Special Provision T8 in a September 3,2003 rulemaking, and that the error\nwould be corrected in a future rulemaking. She further stated that, in the interim, Special Provi-\nsion T4 should be used when determining portable tank requirements for the entry \"Gasoline,\nUN1203.\" My question was whether that response is still valid today, nearly four years later.\nThe voice-mail message reply to my question, received today, was an affirmative response. The\nHMIC representative stated that the T8 Special Provision had not been corrected, but that it was\nstill an erroneous entry, and that it is still the intent that Special Provision T4 should be used for\ngasoline shipments. The caller also stated that a note was being made in the corrections data-\nbase, and that the erroneous entry should get changed in an upcoming Harmonized Rulemaking\nor General Edits Rulemaking process.\nPlease provide a written confirmation of this response for our files.\n%chard axw well' /\nVice President\nNorthland Services, Inc.\n4025 Delridge Way, SW Suite 100 Seattle, WA 98106 (206) 763-3000 Fax (206) 767-5579","truncated":false,"body_characters":3543}