Special Provision B13
Pipeline and Hazardous Materials Safety Administration · Aug 5, 1994 · Reference No. 94-0239
Interprets: 49 CFR § 173.247
Reggie’s quick take
A company that ships cutback asphalt asked whether a special provision lets it haul the material in a non-specification cargo tank. The agency said yes, for a Class 3 material with a 80°F flash point shipped as "Tars, liquid, 3, UN 1999, II." Under § 172.101 Special Provision B13, the tank must be equivalent in design and construction to a DOT 406 or MC 306 cargo tank, with the listed exceptions. For an MC 306-equivalent tank, the exceptions are certification, vents, emergency flow control and certain design stress limits. For a DOT 406-equivalent tank, they are circumferential reinforcements, marking, certification, pressure relief, outlets and certain design stress limits.
Written by AI (Claude) on Oct 22, 2026. Robots make mistakes and leave things out, so the letter below is what counts. Not legal advice.
This is in response to your April 25, 1994 letter concerning certain bulk packaging exceptions in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) for a cutback asphalt which meets the defining criteria for a Class 3 (flammable) material. In subsequent conversations with members of my staff, you stated that your material has a flash point of 80°F and would be described as "Tars, liquid, 3, UN 1999, II."
You are correct that Special Provision B13 applies to this shipping description and authorizes asphalt to be transported in a non-specification cargo tank if the tank is equivalent (with certain exceptions) in design and construction to a DOT 406 or MC 306 specification cargo tank. Under Special Provision B13, a non-specification cargo tank must be equivalent to an MC 306 cargo tank except for certification, vents, emergency flow control and certain design stress limits, or it must be equivalent to a DOT 406 cargo tank except for circumferential reinforcements, marking, certification, pressure relief, outlets and certain design stress limits. If your non-specification cargo tank meets this criteria, it would be an acceptable packaging for asphalt.
I hope this information is helpful. Please contact this office if you require additional assistance.
A letter of interpretation applies the regulations to the facts the requester described. It isn’t a regulation and isn’t legal advice. The agency’s copy.