{"operation":"document","citation":"98-0314","title":"HMT Associates, L.L.C. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1998-12-03","effective_on":null,"summary":"98-0314 response to HMT Associates, L.L.C. concerning 173.33.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0314.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0314.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0314","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1998/980314.pdf","body":"<<<PAGE 1>>>\n\n400 Seventh Street, S.W.\nof Transportation\nU.S. Department\nWashington, D.C. 20590\nResearch and\nSpecial Programs\nAdministration\nMAY 1 2 1999\nMr. Gordon Rousseau\nReference. No. 98-0314\nHMT Associates, L.L.C.\n1850 K Street, NW\nWashington, DC 20006-3500\nDear Mr. Rousseau:\nThis is in response to your letter dated October 16, 1998, and October 26, 1998 telephone\nconversation with Ms. Eileen Mack of my staff, concerning a requirement in 49 CFR\n173.33(a)(2) against loading materials on the same cargo tank motor vehicle that, if mixed,\nwould cause would an explosion, vehicle fire, excessive increase in pressure or heat, or the\nrelease of toxic vapors. You described a situation in which a multi-cargo tank motor vehicle\nis loaded with two materials that would significantly react when mixed. These materials are\nseparated by a middle compartment containing a neutral, non-regulated material. You asked\nif this loading arrangement is acceptable\nBased on the information you provided, the answer is no. The restriction in § 173.33(a)(2)\npertains to the loading of incompatible materials on the same cargo tank motor vehicle.\nTherefore, the restriction applies regardless of whether the incompatible materials on the\ncargo tank motor vehicle are separated by a compartment containing a neutral material.\nI hope this satisfies your request.\nSincerely,\nMichel\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n$173.33\n980314\n\n<<<PAGE 2>>>\n\nмаск\n•\ni'\nHMT ASSOCIATES, LLC\n$173.33\n1850 K STREET, N.W\n980314\nWASHINGTON, D.C. 20008-3500\n:. SUITE 200\nPATRICIA A. QUINN\nE.A. ALTEMOS\n(202) 463-3511\nGORDON ROUSSEAU\nFACSIMILE (202) 463-3512\nWRITER'S DIRECT DIAL NUMBER\ne-mail address\n(202) 463-3511\ngorrou@pipeline.com\nFriday, October 16, 1998\nMr. Edward T. Mazzullo\nDirector\nOffice of Hazardous Materials Standards\nResearch & Special Programs Admn.\nDepartment of Transportation\nWashington, DC 20590\nDear Mr. Mazzullo:\nThe DOT hazardous materials regulations in paragraph § 173.33(a)(2) state:\n\"Two or more materials may not be loaded or accepted for transportation in the\nsame cargo tank motor vehicle if, as a result of any mixture of the materials, an\nunsafe condition would occur, such as an explosion, fire, excessive increase in\npressure or heat, or the release of toxic vapors.\"\nA client is considering using a three-compartment vehicle to transport 1700 gallons of an\ncompartment no. 2, and 1500 gallons of a hypochlorite solution in compartment no 3. While it is\nacid solution in compartment no. 1, 2300 gallons of a neutral, non-regulated solution in\nagreed that the materials in compartment no. 1 and no: 3 could significantly react when mixed,\ngiven the extreme circumstances that would be necessary under which they could be mixed,\nand considering that a neutral material is purposefully loaded between the potentially reactant\nmaterials, it would seem that the circumstance described here is not what DOT had in mind in\ndrafting the regulation. Would DOT, therefore, consider the above loading configuration\nacceptable insofar as the subject rule is concerned?\nPlease call me if clarification is needed. Thank you for your attention to this matter.\nSincerely.\nGordon Rousseau\ncc: Dr. C. Ke, DOT/RSPA","truncated":false,"body_characters":3262}