September 13, 2017
Pipeline and Hazardous
Materials Safety Administration
East Building, PHH-30
1200 New Jersey Avenue S.E.
Washington, D.C. 20590
EXPIRATION DATE: 2019-01-31
(FOR RENEWAL, SEE 49 CFR 107.109)
1. GRANTEE: Aluminum Tank & Tank Accessories, Inc.
Fort Worth, TX
2. PURPOSE AND LIMITATIONS:
a. This special permit authorizes the manufacture, mark, sale and use of non-DOT specification metal refueling tanks containing certain Class 3 liquids. The Class 3 liquids will be discharged from the refueling tanks without removing the refueling tanks from the vehicle on which they are transported. This special permit provides no relief from the Hazardous Materials Regulations (HMR) other than as specifically stated herein. The most recent revision supersedes all previous revisions.
b. The safety analyses performed in development of this special permit only considered the hazards and risks associated with transportation in commerce. The safety analyses did not consider the hazards and risks associated with consumer use, use as a component of a transport vehicle or other device, or other uses not associated with transportation in commerce.
c. In accordance with 49 CFR 107.107(a) party status may not be granted to a manufacturing permit. These packaging may be used in accordance with 49 CFR 173.22a.
3. REGULATORY SYSTEM AFFECTED: 49 CFR Parts 106, 107 and 171-180.
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4. REGULATIONS FROM WHICH EXEMPTED: 49 CFR §§ 177.834(h)in that the tank may be unloaded while on a motor vehicle; and 178.705(d) in that the capacity of the authorized packaging does not exceed 119 gallons.
5. BASIS: This special permit is based on the application of Aluminum Tank & Tank Accessories, Inc. dated February 14, 2017, submitted in accordance with § 107.105 and the public proceeding thereon.
6. HAZARDOUS MATERIALS (49 CFR 172.101):
Hazardous Material Description
Proper Shipping Name Hazard Identi- Packing
Class/ fication Group
Diesel fuel 3 NA1993 III
Ethanol or Ethyl alcohol or 3 UN1170 II and
Ethanol solutions or Ethyl III
Flammable liquids, n.o.s. 3 UN1993 II and
Fuel, aviation, turbine engine 3 UN1863 II and
Gasoline includes gasoline mixed 3 UN1203 II
with ethyl alcohol, with not more
than 10% alcohol
Kerosene 3 UN1223 III
Methanol 3 UN1230 II
Ethanol and gasoline mixture or 3 UN3475 II
Ethanol and motor spirit mixture
or Ethanol and petrol mixture,
with more than 10% ethanol
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September 13, 2017
7. SAFETY CONTROL MEASURES:
a. PACKAGING - The prescribed packagings are metal non-DOT specification IBCs used for refueling or for dual application – to refuel and to be used as a toolbox - and are constructed of aluminum, stainless steel, or aluminized steel conforming with all the requirements for a UN31A or UN31B intermediate bulk container (IBC) except for water capacity. IBCs must be constructed in accordance with the following designs and drawing revisions on file with the Office of Hazardous Materials Safety Approvals and Permits Division (OHMSAPD): AT41LRT-TF Rev B, AT60R-TF Rev A, AT87R-TF Rev A, AT53R-TF Rev A, AT50CAT Rev B, AT94WX-TF Rev B, AT75R-TF Rev B, AT25R-TF Rev B, AT80R-TF Rev A, AT70LTT-TF Rev B, AT45RBR-TF Rev B, AT46R-TF Rev B, AT20R-TF Rev B, AT38RBR-TF Rev A, and AT45TT-TF Rev A. IBCs may contain a recessed electric pump. The capacity of the IBC must not exceed 119 gallons.
b. TESTING - Each design type must meet the testing and certification requirements specified in § 178.803 for metal IBCs. IBCs manufactured and sold with the pump attached must be tested with the pump attached. IBCs manufactured with the discharge outlet located outside its highest point and sold with the pump attached must be tested with the pump and required shutoff/check valve attached. Each tank must be periodically retested every 2.5 years in accordance with the requirements of § 180.352.
c. OPERATIONAL CONTROLS –
(1) Tanks must be attended at all times during loading and unloading operations by a qualified person. For the purposes of this requirement, "attended" and "qualified" must have the meanings described in § 177.834(i)(3) and (4), respectively.
(2) Pumps and hoses may be attached to discharge outlets during transportation if:
(i) The discharge outlet is at the highest point of the tank. If the discharge outlet is below the highest point of the tank, a shutoff valve must be installed between the tank and the pump. The shutoff valve is not
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September 13, 2017 required if the pump assembly contains an internal check valve. The valve must be in the closed position during transportation,
(ii) The highest points of the attached pump, hoses, and tank remain below the “safe zone” line. The “safe zone” line is defined as a line from five inches below the roof of the vehicle to the top of the vehicle’s tailgate,
(iii) The pump hose and nozzle are locked to the pump using a keyed or combination lock during transportation, and
(iv) The operator has emptied the contents of the hose by inverting the polarity of the attached pump and pumping from the hose into the tank for a minimum of 15 seconds.
(3) Tanks may not be manifolded together.
(4) Electrical power must be disconnected from the pump during transportation.
(5) Each tank must be marked and placarded in accordance with the requirements for IBCs.
8. SPECIAL PROVISIONS:
a. In accordance with the provisions of Paragraph (b) of § 173.22a, persons may use the packaging authorized by this special permit for the transportation of the hazardous materials specified in paragraph 6, only in conformance with the terms of this special permit.
b. A person who is not a holder of this special permit, but receives a packaging covered by this special permit, may reoffer it for transportation provided no modification or change is made to the packaging and it is offered for transportation in conformance with this special permit and the HMR.
c. A current copy of this special permit must be maintained at each facility where the package is offered or reoffered for transportation.
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d. Each packaging manufactured under the authority of this special permit must be either (1) marked with the name of the manufacturer and location (city and state) of the facility at which it is manufactured or (2) marked with a registration symbol designated by the Office of Hazardous Materials Special Permits and Approvals for a specific manufacturing facility.
e. A current copy of this special permit must be maintained at each facility where the packaging is manufactured under this special permit. It must be made available to a DOT representative upon request.
9. MODES OF TRANSPORTATION AUTHORIZED: Motor vehicle.
10. MODAL REQUIREMENTS: A current copy of this special permit must be carried aboard each motor vehicle used to transport packages covered by this special permit.
11. COMPLIANCE: Failure by a person to comply with any of the following may result in suspension or revocation of this special permit and penalties prescribed by the Federal hazardous materials transportation law, 49 U.S.C. 5101 et seq:
o All terms and conditions prescribed in this special permit and the Hazardous Materials Regulations, 49 CFR Parts 171-180.
o Persons operating under the terms of this special permit must comply with the security plan requirement in Subpart I of Part 172 of the HMR, when applicable.
o Registration required by § 107.601 et seq., when applicable.
Each "Hazmat employee", as defined in § 171.8, who performs a function subject to this special permit must receive training on the requirements and conditions of this special permit in addition to the training required by §§ 172.700 through 172.704.
No person may use or apply this special permit, including display of its number, when this special permit has expired or is otherwise no longer in effect.
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Under Title VII of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)—“The Hazardous Materials Safety and Security Reauthorization Act of 2005” (Pub. L. 109-59), 119 Stat. 1144 (August 10, 2005), amended the Federal hazardous materials transportation law by changing the term
“exemption” to “special permit” and authorizes a special permit to be granted up to two years for new special permits and up to four years for renewals.
12. REPORTING REQUIREMENTS: Shipments or operations conducted under this special permit are subject to the Hazardous Materials Incident Reporting requirements specified in 49 CFR §§ 171.15 - Immediate notice of certain hazardous materials incidents, and 171.16 - Detailed hazardous materials incident reports. In addition, the grantee(s) of this special permit must notify the Associate Administrator for Hazardous Materials Safety, in writing, of any incident involving a package, shipment or operation conducted under terms of this special permit.
Issued in Washington, D.C.:
for William Schoonover
Associate Administrator for Hazardous Materials Safety
Address all inquiries to: Associate Administrator for Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, East Building PHH-30, 1200 New Jersey Avenue, Southeast, Washington, D.C. 20590.
Copies of this special permit may be obtained by accessing the Hazardous Materials Safety Homepage at http://hazmat.dot.gov/sp_app/special_permits/spec_perm_index.htm Photo reproductions and legible reductions of this special permit are permitted. Any alteration of this special permit is prohibited.
PO: Victor Casillas/SG