{"operation":"document","citation":"98-0379","title":"Minnesota Department of Transportation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1999-01-21","effective_on":null,"summary":"98-0379 response to Minnesota Department of Transportation concerning 173.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0379.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0379.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0379","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1998/980379.pdf","body":"<<<PAGE 1>>>\n\n•\n•\n•\nU.S. Department\nof Transportation\nWashington, D.C.\n400 Seventh Street, S.W.\n20590\nJAN 2 / 1999\nMr. Michael Ritchie\nMinnesota Department of Transportation\nRef. No. 98-0379\nOffice of Motor Carrier Services\n* Mail Stop 420\n110 Centre Pointe Curve\nMendota Heights, MN 55118\nDear Mr. Ritchie:\nThis is in response to your letter of December 11, 1998, requesting clarification of the requirements for\nusing non-specification cargo tanks for flammable liquid petroleum products in intrastate transportation\nunder the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180). Your questions are\nresponded to as follows:\nQ. Do the provisions of § 173.8(d)(1) mean that a State may not allow any additional non-\nspecification cargo tanks into its existing cargo tank program?\nA. In order for an intrastate motor carrier to use a non-specification cargo tank for flammable liquid\npetroleum products, the provisions of § 173.8 must be met. As provided by § 173.8(d)(1), the cargo\ntank must be in use as a packaging for hazardous materials before October 1, 1998. After this date\nno new cargo tanks may be entered into service under this provision.\nQ. Must an intrastate carrier show proof that the packaging was in hazardous materials service before\nOctober 1, 1998 for it to be eligible for a State program?\nA. No specific documentation is required by § 173.8; however, each State may require\ndocumentation or certification to ensure that this exception is not abused.\nQ. If an inspection finds a State registered cargo tank out of compliance, must it be removed from the\nState program or can it remain in the program if all deficiencies are corrected?\nA. It may remain in the State program provided all deficiencies are corrected.\n\n<<<PAGE 2>>>\n\n-\n•\n-2-\nO. If a carrier operates a vehicle in interstate commerce carrying non-hazardous freight, are they\nexcluded from eligibility in an intrastate program?\nA. If any portion of a carrier's business is conducted across state lines, the carrier is considered an\ninterstate carrier for all of its operations and may not use the exception provided in § 173.8.\nI hope this information is helpful.\nSincerely,\nShan Hilli\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\n--\nMINNESOTA\nMinnesota Department of Transportation\n-\nOffice of Motor Carrier Services\nMail Stop 420\n1110 Centre Pointe Curve\n612/405-6060\nMendota Heights, MN 55118\nTDD: 612/405-6072\nFax: 612/405-6082\ncavalle\nDecember 11, 1998\n§173,8\n98-0379\nEdward Mazzullo\nDirector, Office of\nHazardous Materials Standards\nUSDOT /RSPA/DHM-10\n400 Seventh Street SW\nWashington, D.C. 20590-0001\nRe: Request for interpretation on provisions of HM-200.\nDear Mr. Mazzullo,\nMinnesota Statutes and Rules authorize the use of some non-specification cargo tanks for\ntransportation of gasoline. The Minnesota Cargo Tank Variance Program authorizes the use of\nnon-specification cargo tanks with a capacity of 3000 gallons or less that are inspected and\napproved by officers of this department. The Variance Program has been in effect since 1986.\nThe Minnesota Cargo Tank Registration Program allows the use of cargo tanks with a capacity\nof up to 3500 gallons that were originally constructed to the MC-306 standard, but have had the\nspecification plate removed or covered. The Registration Program, in effect since 1992, excepts\nregistrants trom retrofit of manhole assemblies, and requires an annual external visual inspection\nand monthly inspections by the operators. Both programs are limited to persons that operate\nexclusively as intrastate carriers.\nOn October 1, 1998, mandatory compliance with the provisions of HM-200 was required.\n49 CFR 173.8 allows the use of non-specification cargo tanks for transportation of Class 3\npetroleum products in intrastate commerce if the provisions of paragraphs (b) and (d) of that\nsection are complied with. Paragraph (d) sets forth the conditions that must be met to conform\nwith the regulation and we request clarification on issues addressed in this section.\n§ 173.8. (d) (1) states the packaging must have been in use as a hazardous materials packaging\nbefore July 1, 1998. The HM-200 Corrections and Technical Amendments document, published\nin the Federal Register on September 22, 1997, states, on page 49561, \"No new non-\nspecification cargo tanks used to transport flammable liquid petroleum products may be placed in\nservice after October 1, 1998.\" The Minnesota Department of Transportation received several\napplications for enrollment in the State programs between July 1 and October 1, 1998.\nAn equal opportunity employer\n\n<<<PAGE 4>>>\n\n•\n•\n1. Do the provisions of paragraph (d) (1) mean that a State may allow no additional non-\nspecification tanks in its existing cargo tank program? After July 1, 1998 or October 1, 1998?\n2. Must an intrastate carrier show proof that the packaging was in hazardous materials service\nbefore July 1, 1998, for it to be eligible for a State program?\n§ 173.8 (d) (2) requires that the packaging be operated in conformance with the requirements of\nthe State in which it is authorized. Paragraph (d) (4) states that the packaging must be in\ncontormance with all other applicable requirements of Subchapter C..\n3. If an inspection finds a previously registered cargo tank out of compliance with State or\nFederal inspection or hazard communication requirements, must it be removed from the State\nprogram or can it remain in the program if all deficiencies are corrected?\nMany carriers transport hazardous materials in intrastate commerce only, but haul non-\nhazardous commodities in interstate commerce.\n4. If a carrier operates a vehicle in interstate commerce carrying non-hazardous freight, are they\nexcluded from eligibility in an intrastate program?\nOn October 1, 1998 the provisions of HM-200 became effective, and USDOT has jurisdiction\nover this matter. If your have questions, please contact me at (651) 405-6120 or by e-mail at\nmichael.ritchie@dot.state.mn.us. Thank you for your assistance.\nYours truly,\nindul Reth\nMichael Ritchie\nHazardous Materials Specialist","truncated":false,"body_characters":6110}