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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #98-0379 ([Minnesota Department of Transportation] [Mr. Michael Ritchie])

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

Interpretation Response Details

Response Publish Date:

Company Name: Minnesota Department of Transportation

Individual Name: Mr. Michael Ritchie

Location State: MN Country: US

View the Interpretation Document

Response text:

JAN 21, 1999


Mr. Michael Ritchie                   Ref No. 98-0379
Minnesota Department of Transportation
Office of Motor Carrier Services
Mail Stop 420
110 Centre Pointe Curve
Mendota Heights, MN 55118

Dear Mr. Ritchie:

This is in response to your letter of December II, 1998, requesting clarification of the requirements for using non-specification cargo tanks for flammable liquid petroleum products in intrastate transportation under the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180).  Your questions are responded to as follows:

Q.   Do the provisions of § 173.8(d)(1) mean that a State may not allow any additional non­specification cargo tanks into its existing cargo tank program?

A.   In order for an intrastate motor carrier to use a non-specification cargo tank for flammable liquid petroleum products, the provisions of § 173.8 must be met.  As provided by § 173.8(d)(1), the cargo tank must be in use as a packaging for hazardous materials before October 1, 1998.  After Us date no new cargo tanks may be entered into service under this provision.

Q.   Must an intrastate carrier show proof that the packaging was in hazardous materials service before October 1, 1998 for it to be eligible for a State program?

A.   No specific documentation is required by § 173.8; however, each State may require documentation or certification to ensure that this exception is not abused.

Q.   If an inspection finds a State registered cargo tank out of compliance, must it be removed from the State program or can it remain in the program if all deficiencies are corrected?

A. It may remain in the State program provided all  deficiencies  are  corrected.

Q.   If a carrier operates a vehicle in interstate commerce carrying non-hazardous freight, are they excluded from eligibility in an intrastate program?

A.   If any portion of a carrier's business is conducted across state lines, the carrier is considered an interstate carrier for all of its operations and may not use the exception provided in § 173.8.

I hope this information is helpful.



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