PHMSA Response Letter

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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:

1. shipping paper, waybills, switching orders and hazardous waste manifests;
2. marking of packages;
3. display of identification numbers on bulk packagings;
4. placarding requirements of 49 C.F.R. § 172, Subpart F;
5. carriage aboard aircraft and vessels;
6. incident reporting as prescribed in 49 C.F.R. §§ 171.15 and 171.16; and
7. 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