Interpretation Response #16-0056
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
March 03, 2017
Mr. Tom Forbes
Public Utilities Commission of Ohio
Field Supervisor Enforcement Division
180 East Broad Street
Columbus, OH 43215
Reference No. 16-0056
Dear Mr. Forbes:
This letter is in response to your April 8, 2016, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) applicable to the marking and shipping paper requirements for multi-compartment cargo tanks containing petroleum distillate fuels. Specifically, you state that a four-compartment DOT 406 cargo tank motor vehicle (CTMV) is used to carry “NA 1993, Diesel Fuel” and/or “UN 1203, Gasoline” for home delivery service. You further explain that the CTMV has two delivery hose reels, with each having the capacity to hold up to 20 gallons of residue product.
In your letter, you describe a scenario in which the DOT 406 CTMV transports diesel fuel, or its residue, in all four of the compartments. In addition, one of the reels on the vehicle contains 20 gallons of diesel fuel, while the other reel contains 20 gallons of gasoline.
We have paraphrased and answered your questions as follows:
Q1. You ask if the CTMV in the scenario described may display the “UN 1203” identification number since there is gasoline in one reel, or if it must display “NA 1993” since there is diesel fuel in the cargo tank compartments.
A1. The requirements to display the identification number are based on the contents of the authorized bulk packaging (see § 172.302). Since the cargo tank contains only diesel fuel, it must display the “NA 1993” identification number.
Q2. You ask if a shipping paper is required for the gasoline in the reel since the capacity exceeds the Materials of Trade (MOTs) exception for Packing Group (PG) II flammables.
A2. The answer is no. A hose for loading and unloading a DOT specification cargo tank is not designed to contain hazardous material during transportation, but rather to connect the authorized transport packaging to a discharging or receiving container. As it would be impractical to remove all traces of hazardous material residue from these hoses when the vehicles are in transit to deliver product, residue is permitted to remain within them. However, the residue must be removed to the fullest extent practical.
Further, the MOTs exception is not applicable in this scenario because the CTMV does not meet one of the three criteria to be considered a MOT (i.e., the principal business is transportation by motor vehicle).
I hope this information is helpful. Please contact us if we can be of further assistance.
Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division
|§ 172.302||General marking requirements for bulk packagings.|