Transport of Acetone in a Permanently Marked Cargo Tank

This is in response to your letter of October 13, 1983, concerning the Hazardous Materials regulations (HMR) as applied to the transportation of acetone in a 30 gallon container which is permanently mounted on a cargo tank used to transport resin solutions.

You indicate that the 30 gallon container is mounted under the belly of the cargo tank, just in front of the front tandem axle. The acetone is used after the resin solution is emptied from the cargo tank to keep the resin from setting up while in transit. Further you state that you do not placard the 30 gallon container, carry shipping papers for the acetone, nor is the 30 gallon container a specification container. For convenience, your questions are repeated as follows:

Question 1. Must I put placards for the acetone on all four sides of the cargo tank which is carrying resin, or do I place on, 2, 3, or 4 placards on the small 30 gallon tank that is carrying the acetone?

Answer. The tank transporting the acetone is a cargo tank as defined in § 171.8. As such, appropriate placards and identification number markers must be displayed for the acetone, in addition to those required to be displayed on the cargo tank transporting the resin solution, in accordance with the requirements of §§ 172.328 and 172.514.

Question 2. Can I carry a manifest for more than one shipment since we always have the product in the acetone tank, or must I make a new one for each shipment?

Answer. The HMR does not specify the number of shipping papers required. Rather, the HMR require that hazardous materials being transported be described on properly prepared shipping papers. If acetone is always present on the motor vehicle, it is permissible to have a "permanent" shipping paper for the transportation of acetone and a different shipping paper for the other hazardous materials being transported. A motor carrier, must maintain the shipping papers in accordance with the requirements of § 177.817.

Question 3. Is there any kind of exception for small tanks to be coded or must I have a manufacturer spec place on the acetone tank?

Answer. The specification requirements for cargo tanks do not contain exceptions due to the size of the cargo tank. A cargo tank is defined in § 171.8, as any tank permanently attached to or forming a part of a motor vehicle or any bulk liquid of compressed gas packaging not permanently attached to any motor vehicle which by reason of its size, construction, or attachment to a motor vehicle, is loaded or unloaded without being removed from the motor vehicle. The cargo tank used in our situation for the transportation of acetone is required to met the requirements of a cargo tank specification allowed for the transportation of acetone in § 173.113, or you must apply for an exemption in accordance with 49 CFR Part 107.

Question 4. Should I remove the permanent fixed tanks and make them removable, portable tanks, which we feel can be more dangerous?

Answer. We are not able to advise you as to whether or not you should remove the fixed acetone cargo tank. Such as decision must remain with your company.

I trust this information will be of assistance to you. If we can be of further assistance, please contact us.