Mr. James La Porte — Hazardous Materials Safety Interpretation

Page 1U.S. Department ofTransportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 NOV 2 5 2009 Mr. James La Porte 1670 Axtell Troy, MI 48084 Ref. No. 09-0247 Dear Mr. La Porte: This responds to your October 20, 2009 request for clarification of exceptions for the transportation of combustible liquids in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether the § 173.150 exceptions apply to the transportation of a non-bulk packaging of diesel fuel with a dispensing hose and pump within an enclosed trailer. According to your letter, the non-bulk packaging contains 50 gallons ofdiesel fuel. The answer is yes. Under § 173.150, the HMR do not apply to a material classed as a combustible liquid in a non-bulk packaging unless the combustible liquid is a hazardous substance, a hazardous waste, or a marine pollutant. Thus, the § 173.150 exceptions apply to the transportation ofa non-bulk packaging of diesel fuel with a dispensing hose and pump within a trailer. You should be aware that the Occupational Safety and Health Administration (OSHA) and the State of Michigan regulate fuel containers and fuel dispensers such as a non-bulk packaging of diesel fuel with a dispensing hose and pump. Specific questions about requirements for fuel containers and fuel dispensers should be directed to OSHA and your state transportation department. I hope this answers your inquiry. If you need additional assistance, do not hesitate to contact this Office. Charles E. Betts hief, Standards Development Ice of Hazardous Materials Standards#

Page 2Message Drakeford, Carolyn (PHMSA) From: LA PORTE. JAMES J (A TISI) UI7454@att.com] Sent: Friday. October 30. 2009 3:54 PM To: Drakeford. Carolyn (PHMSA) Subject: RE: Re PHMSA Hazmat Center Inquiry From: LA PORTE, JAMES J (ATISI) Sent: Tuesday, October 20,20092:11 PM To: 'carolyn .drakeford@dot.gov' Subject: RE: Re PHMSA Hazmat Center Inquiry Carolyn, I have another question. Under the HM regulations transport of diesel fuel in a non-bulk container by ground is not regulated by the HMR. What about a non-bulk package of diesel fuel (50 gallons) with a dispensing hose and pump within an enclosed trailer. What are the HM regulations that would apply, Would like a written response. Regards, Jim La Porte 1670 Axtell Troy, MI 48084 (248) 649-7865 10/30/2009#