Interpretation Response #05-0072 ([Burdette & Associates] [Mr. Mike Burdette])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Burdette & Associates
Individual Name: Mr. Mike Burdette
Location State: LA Country: US
View the Interpretation Document
Response text:
Apr 6, 2005
Mr. Mike Burdette Reference No. 05-0072
Burdette & Associates
P.O. Box 264
Milton, LA 70558
Dear Mr. Burdette:
This is in response to your March 28, 2005 letter requesting clarification regarding the use and applicability of the T Codes (Special Provisions) specified under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your questions are paraphrased and answered as follows:
Q1. Why was Special Provision T4 replaced by T8 in the § 172.101 Hazardous Materials Table (§ 172.101 HMT) entry for “Gasoline, UN1203?” Special Provision T4 allows for bottom outlets on portable tanks while Special Provision T8 forbids the use of bottom outlets for portable tanks containing Gasoline.
Al. Special Provision T4 was inadvertently replaced by Special Provision T8 in a September 3, 2003 rulemaking published under Docket HM-213 (68 FR 52363, 52369). This error will be corrected in a future rulemaking. In the interim, Special Provision T4 should be used when determining portable tank requirements for the entry “Gasoline, UN1203.”
Q2. Until January 1, 2010, § 171.14(d)(4) allows for a hazardous material to be transported in an, JIM, IMO, or DOT Specification 51 portable tank in accordance with the applicable T Codes in effect on September 30, 2001. What will happen to portable tanks (e.g. TM 101) that used this grandfathering provision after January 1, 2010?
A2. After January 1, 2010, these portable tanks will be subject to T codes in effect at that time in the HMR. There are other possibilities that may be considered, such as filing for an exemption or a rulemaking petition to allow for the continued use of the T Codes in effect on September 30, 2001. The procedure for applying for an exemption is specified in 49 CFR Part 107, Subpart B. The procedure for filing a rulemaking petition is specified in 49 CFR Part 106, Subpart B. Another option would be to cover the specification marking and use the tank as a non-specification portable tank. If that option is utilized, then the shipper must make sure the tank is in compliance with the general packaging requirements in Part 173 and use the tank only for hazardous materials authorized for transportation in non-specification portable tanks.
I hope this information is helpful.
Sincerely,
Hattie L. Mitchell, Chief
Regulatory Review and Reinvention
Office of Hazardous Materials Standards
171.14(d)(4)