Virginia State Trooper — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 1200 New Jersey Avenue, SE Washington, D.C. 20590 Materials Safety Pipeline and Hazardous Administration NOV 0 4 2014 Mr. Kevin J. Teter Master Trooper, Virginia State Police 15139 State Police Rd. Culpeper, VA 22701 Ref. No.: 14-0133 Dear Mr. Teter: This is in response to your letter dated June 14, 2014, and attached magazine article, requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- 180) regarding multi-compartment fuel tanks and their ability to utilize exceptions provided in § 173.150(f)(2). You present a scenario in which a trailer has been equipped with a permanently mounted diesel fuel tank that contains various individual compartments each having a 105 gallon capacity. The total amount of fuel contained within the tank varies between 315 gallons and 945 gallons depending on the number of compartments. You note that each of the individual compartments within the tank are not connected to each other in any way. You ask if the tank represents a non-bulk package that would be eligible for exceptions mentioned in § 173.150(f)(2). The compartments mentioned in your letter would be considered non-bulk packages, and be eligible for the exceptions provided for such packages in § 173.150(f)(2) because they are not connected to each other. Each individual compartment is considered a package. I trust this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, Shoe chly Shane C. Kelley Acting International Standards Coordinator Standards and Rulemaking Division#

Page 2Webb 173.150 (F) DOT/RSPA/ OHMS Combustäble Liquids INIT Mr. Magdy El-Sibaie, PhD 14-0133 14 JUN 27 PM 3: 30 Associate Administrator for Hazardous Material Safety Pipeline and Hazardous Materials Safety Administration U.S. Department of Transportation East Building Second Floor (PH) 1200 New Jersey Avenue, S.E... Washington, D.C. 20590-0001 Dear Mr. El-Sibaie: I read an article In the March 2014 issue of Southern Loggin Times" about a diesel fuel transport trailer that has a permanently mounted tank. There are nine total compartments in this one tank. Each compartment has a capacity of 105 gal. each and can total anywhere from 315 gals total to 945 gallons depending on the number of compartments. The compartments are not connected to each other. (See attached Article and Photo) The manufacture states that the tank is in compliance with 49-CFR 173.150(f) in that the tanks are not connected therefore it is a non-bulk package. (see attached) Does this tank represent a non-bulk package that would being granted certain exemptions under 49 CFR 173.150(f)(2)? Looking forward to your response. Sincerely Kevin f. Jeter Kevin J. Teter, Master Trooper Virginia State Police 15139 State Police Road Culpeper VA 22701#

Page 3SOUTHERN STUMPIN' By David Abbott • Associate Editor • Ph. 334-834-1170 • Fax: 334-834-4525 • E-mail: david@hattonbrown.com Logger Innovation 'm a big movie guy. I enjoy watching movies, I not legal to transport more than 119 gallons of separate, unconnected containers. Obviously, this fuel without a hazmat permit, unless the fuel is in legal and will keep the DPS off our backs," DOT-approved trailers with lights, he said it's could i'd love to make movies (you know, if I keep up with movie industry news, and if I had any discernable talent). Every year Hollywood agricultural fields. Tired of getting pulled over is a strain on those working in the forestry and ardous material permit so long as it's not over Sheppard says. "We won't have to have a haz- ing in hundreds of millions of dollars, and some- turns out blockbusters that make a big splash, rak- cost so much to make that many of them barely times in the billions, worldwide. Still, those movies inspired. As a solution, he has developed his own and threatened with fines, Sheppard became 1,000 gallons. That's a federal law, not jut Geor- pending number and informed the DPS that he gia." In October last year Sheppard got the patent movies with smaller budgets, even though they break even. They say that sometimes, the smaller system just for his own use but soon realized it fuel transport system. He started building the wanted to know" could start selling. "They said that's what they gross a lot less, actually profit a lot more. It can could be useful to others. sometimes be the same way with loggers. Year (and a feature article subject in Southern Sheppard, a former Georgia Logger of the instrumental in getting this off the ground. The Sheppard says the DPS was very helpful and Margins (page 28) and As We See It (page 32), In this month's installments of both At The and received patent pending (evidently it takes a Loggin' Times in March 2011), has applied for DPS spent hours one Friday measuring it and er, said it was legal and to build them. His con- when finished, one of the sergeants, Mike Hatch- there are mentions of the oft-cited need for log- gers to maximize efficiency. In a lot of ways, the few years to get final approval for the full patent companies featured in this issue have found cre- number). He has partnered with Albany-based tacts at the DPS put him in touch with Lewis M potential and strengthening their businesses by ative ways to do just that, improving profit ufacture and market the innovation. They've LMC-AG (Lewis M. Carter Agriculture) to man- the manufacture it. Carter, who was interested and soon agreed to doing little things a little differently. These are sented the diesel hauling trailer at farm shows in already sold two units, both to farmers, and pre- people who think outside the box. begins on page 14, has developed a special flip- South Carolina's Dennis Wall, whose story available to the logging community. The first the South in February. They're also making it 173.150 (F), which allows users to haul fuel over The tanks are in compliance with 49-CFR payload within the legal weight range. The Red- bolster on lightweight trailers to let him haul more ging of Jeffersonville, Ga. logger to buy one was Charles Hill of Hill Log- and hazmat endorsement. So class C drivers 119 gallons combined total without having CDL required to legally haul this tank. Sheppard and license and medical card are the only things fern family of Tennessce (page 20) keeps debt and overhead down. Georgia's Diamond G Forest self before taking his plans to the Georgia Dept. Sheppard built three prototype versions him- tanks: a 315 (three tanks), 630 (six tanks) and the manufacturer, LMC-AG, offer three sizes of turpentine industry and saw opportunity. Products (page 26) looked at a dormant domestic of Public Safety and Dept. of Transportation. 945-gallon (nine tanks). The design allows for up Assn., Ken Sheppard of Vidalia, Ga. is another Director of the Southeastern Wood Producers According to Tommy Carroll, Executive seal of approval. They inspected the prototypes and gave it their to nine separate tanks with capacity of up to 105 gallons each to connect to a single pump. A support for the project, calling repeatedly to see Members of the DPS were enthusiastic in their one is emptied. They offer it as a tank ready to quick coupler connects to each one as the last ger who looked at a problem and found a way example of just such an out-of-the-box type log- when it would be ready. "As long as it is on mount on trailer or as a whole unit with a trailer. around it. As I'm sure many of you know, it is fill a need in the logging and agricultural mar- For its part, LMC-AG says it is "trying to ful- ket." They offer the tanks either as individual units or on running gears to allow towing. They offer 20-25 gallon per minute pumps along with the units. channel (8 in. on the 630 and 945 gallon units, and The running gears are made from mild steel IMO 6 in. on the 315). They use heavy-duty Torflex axles with eight lug hubs. Each trailer comes with one axle with brakes and emergency brake box. can order your trailer with any one of a variety of Trailer lights come with a seven-way plug. You ball hitch. The trailers come with highway rated, hitches, such as drop pin, pintle eye, and a 2-% in. range E, and include tread plate fender wells over DOT-approved tires, size ST235/80R16 load trailer for whatever you need (spare chain, etc.). the tires. A basket is included on the front of each DEF (diesel exhaust fluid) tanks are available; DEF tanks, according to LMC-AG, will likely be stricter emissions standards. required for all diesel tanks in the next year due to 912-245-9180 or email kshepp@att.net or call To find out more, contact Ken Sheppard at Logger Ken Sheppard, inset, relies on LMC-AG to make and market his fuel system. the LMC-AG office at 229-639-1775. SLT 6 • MARCH 2014 • Southern Loggin' Times#

Page 4LMC Ag LMG Previous • Next Diesel Fuel Trailer Back to Album • LMC Ag's Photos • LMC Ag's Page LMC Trailer, 9 Chambers @ 105 Gallon Each (950 Gallons Total) : Diesel Fuel Trailer, 9 Chambers @ 105 Gallon Each (950 Gallons Total) -- at Diesel Fuel#