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Interpretation Response #00-0137 ([Kovatch Corporation] [Mr. David Schappell])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: Kovatch Corporation

Individual Name: Mr. David Schappell

Location State: PA Country: US

View the Interpretation Document

Response text:

June 6, 2000

Mr. David Schappell                Ref. No. 00-0137
Kovatch Corporation
One Industrial Complex
Nesquehoning, PA 18240

Dear Mr. Schappell:

This is in response to your April 13, 2000, letter concerning the use of non-specification cargo tanks with a capacity over 3500 gallons under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  Specifically, you ask if these cargo tanks may be used after July 1, 2000, for intrastate transportation of flammable liquid petroleum products.

The answer is no.  The provisions of §173.8(b) provide for the use of a non-specification cargo tank with a capacity under 3500 to transport flammable, liquid petroleum products after July 1, 2000.  There is no provision in the HMR to allow the use of a non-specification cargo tank greater than 3500 capacity for flammable liquid petroleum products after July 1, 2000.

I hope this satisfies your request.


Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
173.8 Exceptions for non-specification packagings used in intrastate transportation