{"operation":"document","citation":"23-0018","title":"LDJ Manufacturing, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2024-01-29","effective_on":null,"summary":"23-0018 response to LDJ Manufacturing, Inc. concerning 173.150.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0018.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0018.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0018","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/78151/23-0018.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nJanuary 29, 2024\nMr. David J. Ladwig\nCompliance & EHS Manager\nLDJ Manufacturing, Inc.\n1833 Highway 163\nPella, IA 50219\nReference No. 23-0018\nDear Mr. Ladwig:\nThis letter is in response to your February 27, 2023, email and a conversation with a member of\nmy staff concerning the shipment of combustible liquids transported by highway in compliance\nwith the the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state that\nyour company manufactures and sells multi-tank units for the purpose of transporting diesel fuel\nthat has been reclassed as a “combustible liquid” in accordance with § 173.150(f)(1). Further,\nthese multi-tank units are then mounted on a trailer or truck chassis, with each individual tank\nhaving a maximum capacity of no greater than 115 gallons. You also state that each individual\ntank is a self-contained packaging that does not share a common wall with the other tanks, and\nthat each individual tank is equipped with a shutoff valve that isolates the tanks from one another\nduring transportation by highway.\nYour questions are paraphrased and answered below:\nQ1: You ask whether the multi-tank unit, as described in your email, can transport a\ncombustible liquid—one that is not also classed as a hazardous substance, hazardous\nwaste, or marine pollutant—without being subject to Subchapter C of the HMR, as stated\nin § 173.150(f)(2).\nA1: The answer is yes. When transported by highway or rail, a flammable liquid reclassed as\na combustible liquid in a non-bulk packaging (i.e., capacity less than or equal to 119\ngallons) is not subject to the requirements of the HMR. See § 173.150(f)(1) and (2).\nHowever, it should be noted that if the shutoff valves on each individual tank are not\nbeing used and therefore not preventing the flow of product in between the non-bulk\ntanks, the multi-tank unit—as described in your email—would instead be considered a\n\n<<<PAGE 2>>>\n\nsingle bulk packaging and would be subject to all applicable requirements of the HMR as\nprovided in § 173.150(f)(3).\nQ2: You note that the provisions in § 173.150(f)(2) do not specify the total number of non-\nbulk packagings allowed on a transport vehicle. As such, you ask whether eight or fewer\nnon-bulk packagings containing up to a total of 1,000 gallons (or less) of a combustible\nliquid on a transport vehicle can utilize the provisions specified in § 173.150(f)(2).\nA2: Provided the non-bulk packagings (i.e., capacity less than or equal to 119 gallons)\ncomprising the multi-tank unit are separated as described in answer A1, the answer is yes.\nQ3: You ask whether a transport vehicle that carries a maximum of 1,000 gallons of\ncombustible liquids—contained in non-bulk packagings comprising the multi-tank unit—\nwould require hazardous materials shipping papers, markings, labels, or placards.\nA3: Provided the non-bulk packagings (i.e., capacity less than or equal to 119 gallons)\ncomprising the multi-tank unit are separated as described in answer A1, the answer is no.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n2\n\n<<<PAGE 3>>>\n\nAndrews\n23-0018\nFrom: David Ladwig\nTo: Dodd, Alice (PHMSA)\nSubject: RE: Request for Interpretation - LDJ Manufacturing, Inc.\nDate: Thursday, March 9, 2023 5:47:35 PM\nAttachments: image001.png\nRequest for Interpretation_LDJ Manufacturing, Inc..pdf\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\nMs. Dodd,\nI am following up to check on this request as I have not received an acknowledgment letter yet.\nPlease let me know if you need anything additional from me, and thank you for your assistance.\nBest,\nDavid J. Ladwig, CCEP, CCEM | Compliance & EHS Manager\nLDJ Manufacturing, Inc. | ldj-products.com\nThunder Creek Equipment | ThunderCreek.com\nD 641.620.4034 | davidl@ldj-products.com\nFrom: David Ladwig\nSent: Monday, February 27, 2023 9:14 AM\nTo: alice.dodd@dot.gov; m.ciccarone@dot.gov; dirk.derkinderen@dot.gov\nSubject: Request for Interpretation - LDJ Manufacturing, Inc.\nGreetings,\nI am submitting the attached the Request for Interpretation, the text of which is also below. Thank\nyou in advance for your time and consideration.\nWe request clarification on the Hazardous Materials Regulations, specifically 49 CFR 173.150(f), as\napplicable to non-bulk packaging.\nBackground\nLDJ Manufacturing, Inc. manufactures and sells a multi-tank unit designed to haul diesel fuel\nreclassified as a combustible liquid in accordance with 49 CFR 173.150(f)(1). These multi-tank units\nare comprised of individual tanks mounted on a trailer or truck chassis. Each individual tank\ncomprising a unit has a maximum capacity of 115 gallons for a liquid and is a non-bulk package. Each\nof these individual tanks has its own shutoff valve to isolate each tank during transport, and each\ntank is a completely independent package and does not share a common wall.\nQuestion 1\n\n<<<PAGE 4>>>\n\nDo the hazardous materials regulations allow a non-bulk package as described above to transport a\ncombustible liquid such as diesel fuel that is not a hazardous substance, a hazardous waste, or a\nmarine pollutant and not be subject to Subchapter C of the Hazardous Materials Regulations in\naccordance with 49 CFR 173.150(f)?\nQuestion 2\nThe 49 CFR 173.150(f) exception does not specify the total number of non-bulk packages allowed to\nbe transported on a vehicle and not be subject to Subpart C. Would a total of eight (8) or fewer non-\nbulk packages, as described above, containing up to 1,000 gallons of a combustible liquid on a\nvehicle, as an example, not be subject to Subchapter C?\nQuestion 3\nUsing the above example, if a vehicle had up to 1,000 gallons of a combustible liquid all in our non-\nbulk packages mounted on a vehicle, would hazardous materials shipping papers, marking, labeling,\nor placarding be required?\nRespectfully submitted,\nDavid J. Ladwig, CCEP, CCEM | Compliance & EHS Manager\nLDJ Manufacturing, Inc. | ldj-products.com\nThunder Creek Equipment | ThunderCreek.com\nD 641.620.4034 | davidl@ldj-products.com\nThunder Creek Equipment is a division of LDJ Manufacturing, Inc.\nI may be working in a different time zone than you, and I don’t expect you to respond outside your preferred working times.\nThis email and any files transmitted with it are confidential and intended solely for the use of\nthe individual or entity to whom they are addressed. If you have received this email in error\nplease notify the system manager. Please note that any views or opinions presented in this\nemail are solely those of the author and do not necessarily represent those of the company.\nFinally, the recipient should check this email and any attachments for the presence of viruses.\nLDJ Manufacturing Inc. (DBA Thunder Creek Equipment) accepts no liability for any damage\ncaused by any virus transmitted by this email. LDJ Manufacturing Inc., 1833 Hwy 163, Pella,\nIowa 50219\n\n<<<PAGE 5>>>\n\nDavid J. Ladwig\nLDJ Manufacturing, Inc.\n1833 Highway 163\nPella, IA 50219\nPhone: (641) 620-4034\nEmail: davidl@ldj-products.com\nFebruary 27, 2023\nMr. Shane Kelley\nDirector, Standards and Rulemaking Division\nU.S. DOT/PHMSA (PHH-10)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nVIA EMAIL ONLY\nRequest for Interpretation\nDear Sir:\nWe request clarification on the Hazardous Materials Regulations, specifically 49 CFR\n173.150(f), as applicable to non-bulk packaging.\nBackground\nLDJ Manufacturing, Inc. manufactures and sells a multi-tank unit designed to haul diesel fuel\nreclassified as a combustible liquid in accordance with 49 CFR 173.150(f)(1). These multi-tank\nunits are comprised of individual tanks mounted on a trailer or truck chassis. Each individual\ntank comprising a unit has a maximum capacity of 115 gallons for a liquid and is a non-bulk\npackage. Each of these individual tanks has its own shutoff valve to isolate each tank during\ntransport, and each tank is a completely independent package and does not share a common wall.\nQuestion 1\nDo the hazardous materials regulations allow a non-bulk package as described above to transport\na combustible liquid such as diesel fuel that is not a hazardous substance, a hazardous waste, or a\nmarine pollutant and not be subject to Subchapter C of the Hazardous Materials Regulations in\naccordance with 49 CFR 173.150(f)?\nQuestion 2\nThe 49 CFR 173.150(f) exception does not specify the total number of non-bulk packages\nallowed to be transported on a vehicle and not be subject to Subpart C. Would a total of eight (8)\nor fewer non-bulk packages, as described above, containing up to 1,000 gallons of a combustible\nliquid on a vehicle, as an example, not be subject to Subchapter C?\n1\n\n<<<PAGE 6>>>\n\nQuestion 3\nUsing the above example, if a vehicle had up to 1,000 gallons of a combustible liquid all in our\nnon-bulk packages mounted on a vehicle, would hazardous materials shipping papers, marking,\nlabeling, or placarding be required?\nI respectfully request a written response to this inquiry at your earliest convenience.\nSincerely,\nDavid J. Ladwig\nCompliance and EHS Manager\nLDJ Manufacturing, Inc.\n2","truncated":false,"body_characters":9448}