Interpretation Response #CHI-00-003 ([Menominee Indian Tribe of Wisconsin] [Frank A. McLellan])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Menominee Indian Tribe of Wisconsin
Individual Name: Frank A. McLellan
Location State: WI Country: US
View the Interpretation Document
Response text:
Office of the Chief Counsel
Mr. Frank A. McLellan
Hazardous Waste & Material Coordinator
Menominee Indian Tribe of Wisconsin
P.O. Box 910
Keshena, Wisconsin 54135-0910
Dear Mr. McLellan:
This letter is written to correct an error in my April 13, 1999 letter to you. In that letter, I informed you that a logging contractor servicing the Menominee Indian Tribe would be required to use a specification tank for transporting a bulk quantity of diesel fuel. That is incorrect.
Based on its flashpoint, diesel fuel can be reclassed as a combustive liquid, thereby qualifying for the exceptions to the Hazardous Materials Regulations (HMR) provided in 49 C.F.R. § 173.150 (see the Hazardous Materials Table, Column 8A). That section provides, among other things, that a combustible liquid in a bulk packaging is not subject to the specification packaging provisions contained in HMR.
However, § 173.150(f)(3) also states that the HMR requirements in the following areas do apply to combustible liquid shipments, including diesel fuel shipments:
- shipping paper, waybills, switching orders and hazardous waste manifests;
- marking of packages;
- display of identification numbers on bulk packagings;
- placarding requirements of 49 C.F.R. § 172, Subpart F;
- carriage aboard aircraft and vessels;
- incident reporting as prescribed in 49 C.F.R. §§ 171.15 and 171.16; and
- packaging requirements of 49 C.F.R.§ 173, Subpart B.
There are additional requirements for non-bulk packaging of combustible liquids in § 173.150(f)(3), but they are not relevant to your inquiry.
In summary, a contractor servicing the Menominee Indian Tribe would not be required to use specification packaging to transport bulk quantities of diesel fuel. However, other requirements of the HMR still apply. I apologize for the previous incorrect information, and I hope it has not caused you any inconvenience. If you have any questions, please contact Donna O'Berry of my staff at (202) 366-4400.
Sincerely,
Edward H. Bonekemper, III
Assistant Chief Counsel for
Hazardous Materials Safety