[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR173.33]

[Page 440-442]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 173_SHIPPERS_GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS--Table of Contents
 
     Subpart B_Preparation of Hazardous Materials for Transportation
 
Sec.  173.33  Hazardous materials in cargo tank motor vehicles.

    (a) General requirements. (1) No person may offer or accept a 
hazardous material for transportation in a cargo tank motor vehicle 
except as authorized by this subchapter.
    (2) Two or more materials may not be loaded or accepted for 
transportation in the same cargo tank motor vehicle if, as a result of 
any mixture of the materials, an unsafe condition would occur, such as 
an explosion, fire, excessive increase in pressure or heat, or the 
release of toxic vapors.
    (3) No person may fill and offer for transportation a specification 
cargo tank motor vehicle for which the prescribed periodic retest or 
reinspection under subpart E of part 180 of this subchapter is past due 
until the retest or inspection has been successfully completed. This 
requirement does not apply to a cargo tank supplied by a motor carrier 
who is other than the person offering the hazardous material for 
transportation (see Sec.  180.407(a)(1) of this subchapter), or to any 
cargo tank filled prior to the retest or inspection due date.
    (b) Loading requirements. (1) A hazardous material may not be loaded 
in a cargo tank if during transportation any part of the tank in contact 
with the hazardous material lading would have a dangerous reaction with 
the hazardous material.
    (2) A cargo tank may not be loaded with a hazardous material that 
will have an adverse effect on the tank's integrity or--
    (i) May combine chemically with any residue or contaminants in the 
tank to produce an explosion, fire, excessive increase in pressure, 
release of toxic vapors or other unsafe condition.
    (ii)-(iii) [Reserved]
    (iv) May severely corrode or react with the tank material at any 
concentration and temperature that will exist during transportation.
    (v) Is prohibited by Sec.  173.21 or Sec.  173.24 of this 
subchapter.
    (3) Air pressure in excess of ambient atmospheric pressure may not 
be used to load or unload any lading which may create an air-enriched 
mixture within the flammability range of the lading in the vapor space 
of the tank.
    (4) To prevent cargo tank rupture in a loading or unloading 
accident, the loading or unloading rate used must be less than or equal 
to that indicated on the cargo tank specification plate, except as 
specified in Sec.  173.318(b)(6). If no loading or unloading rate is 
marked on the specification plate, the loading or unloading rate and 
pressure used must be limited such that the pressure in the tank may not 
exceed 130% of the MAWP.
    (c) Maximum Lading Pressure. (1) Prior to loading and offering a 
cargo tank motor vehicle for transportation with material that requires 
the use of a specification cargo tank, the person must confirm that the 
cargo tank motor vehicle conforms to the specification required for the 
lading and that the MAWP of the cargo tank is greater than or equal to 
the largest pressure obtained under the following conditions:
    (i) For compressed gases and certain refrigerated liquids that are 
not cryogenic liquids, the pressure prescribed in Sec.  173.315 of this 
subchapter.
    (ii) For cryogenic liquids, the pressure prescribed in Sec.  173.318 
of this subchapter.
    (iii) For liquid hazardous materials loaded in DOT specification 
cargo tanks equipped with a 1 psig normal vent, the sum of the tank 
static head plus 1 psig. In addition, for hazardous materials loaded in 
these cargo tanks, the vapor pressure of the lading at 115 [deg]F must 
be not greater than 1 psig, except for gasoline transported in 
accordance with Special Provision B33 in Sec.  172.102(c)(3) of this 
subchapter.
    (iv) For liquid hazardous materials not covered in paragraph 
(c)(1)(i), (ii), or (iii) of this section, the sum of the vapor pressure 
of the lading at 115 [deg]F, plus the tank static head exerted by the 
lading, plus any pressure exerted by the gas padding, including air in 
the ullage space or dome.
    (v) The pressure prescribed in subpart B, D, E, F, G, or H of this 
part, as applicable.

[[Page 441]]

    (vi) The maximum pressure in the tank during loading or unloading.
    (2) Any Specification MC 300, MC 301, MC 302, MC 303, MC 305, MC 306 
or MC 312, cargo tank motor vehicle with no marked design pressure or 
marked with a design pressure of 3 psig or less may be used for an 
authorized lading where the pressure derived from Sec.  173.33(c)(1) is 
less than or equal to 3 psig. After December 31, 1990, a cargo tank may 
not be loaded and offered for transportation unless marked or remarked 
with an MAWP or design pressure in accordance with 49 CFR 180.405(k).
    (3) Any Specification MC 310 or MC 311 cargo tank motor vehicle may 
be used for an authorized lading where the pressure derived from Sec.  
173.33(c)(1) is less than or equal to the MAWP or MWP, respectively, as 
marked on the specification plate.
    (4) Any cargo tank marked or certified before August 31, 1995, 
marked with a design pressure rather than an MAWP may be used for an 
authorized lading where the largest pressure derived from Sec.  
173.33(c)(1) is less than or equal to the design pressure marked on the 
cargo tank.
    (5) Any material that meets the definition of a Division 6.1, 
Packing Group I or II (poisonous liquid) material must be loaded in a 
cargo tank motor vehicle having a MAWP of 25 psig or greater.
    (6) Substitute packagings. Unless otherwise specified, where MC 307, 
MC 312, DOT 407 or DOT 412 cargo tanks are authorized, minimum tank 
design pressure is 172.4 kPa (25 psig) for any Packing Group I or 
Packing Group II liquid lading that meets more than one hazard class 
definition.
    (d) Relief system. (1) Non-reclosing pressure relief devices are not 
authorized in any cargo tank except when in series with a reclosing 
pressure relief device. However, a cargo tank marked or certified before 
August 31, 1995 which is fitted with non-reclosing pressure relief 
devices may continue to be used in any hazardous material service for 
which it is authorized. The requirements in this paragraph do not apply 
to MC 330, MC 331 and MC 338 cargo tanks.
    (2) Each cargo tank motor vehicle used to transport a liquid 
hazardous material with a gas pad must have a pressure relief system 
that provides the venting capacity prescribed in Sec.  178.345-10(e) of 
this subchapter. The requirements in this paragraph do not apply to MC 
330, MC 331 and MC 338 cargo tanks.
    (3) A cargo tank motor vehicle made to a specification listed in 
column 1 may have pressure relief devices or outlets conforming to the 
applicable specification to which the tank was constructed, or the 
pressure relief devices or outlets may be modified to meet the 
applicable requirement for the specification listed in column 2 without 
changing the markings on the tank specification plate. The venting 
capacity requirements of the original DOT cargo tank specification must 
be met whenever a pressure relief valve is modified.

------------------------------------------------------------------------
              Column 1                             Column 2
------------------------------------------------------------------------
MC 300, MC 301, MC 302, MC 303, MC    MC 306 or DOT 406.
 305.
MC 306..............................  DOT 406.
MC 304..............................  MC 307 or DOT 407.
MC 307..............................  DOT 407.
MC 310, MC 311......................  MC 312 or DOT 412.
MC 312..............................  DOT 412.
MC 330..............................  MC 331.
------------------------------------------------------------------------

    (e) Retention of hazardous materials in product piping during 
transportation. DOT specification cargo tanks used for the 
transportation of any material that is a Division 6.1 (poisonous liquid) 
material, oxidizer liquid, liquid organic peroxide or corrosive liquid 
(corrosive to skin only) may not be transported with hazardous materials 
lading retained in the piping, unless the cargo tank motor vehicle is 
equipped with bottom damage protection devices meeting the requirements 
of Sec.  178.337-10 or Sec.  178.345-8(b) of this subchapter, or the 
accident damage protection requirements of the specification under which 
it was manufactured. This requirement does not apply to a residue which 
remains after the piping is drained. A sacrificial device (see Sec.  
178.345-1 of this subchapter) may not be used to satisfy the accident 
damage protection requirements of this paragraph.
    (f) An MC 331 type cargo tank may be used where MC 306, MC 307, MC 
312, DOT 406, DOT 407 or DOT 412 type cargo tanks are authorized. An MC 
307,

[[Page 442]]

MC 312, DOT 407 or DOT 412 type cargo tank may be used where MC 306 or 
DOT 406 type cargo tanks are authorized. A higher integrity tank used 
instead of a specified tank must meet the same design profile (for 
example, an MC 331 cargo tank must be lined if used in place of a lined 
MC 312 cargo tank.)
    (g) Remote control of self-closing stop valves--MC 330, MC 331 and 
MC 338 cargo tanks. Each liquid or vapor discharge opening in an MC 330 
or MC 331 cargo tank and each liquid filling and liquid discharge line 
in an MC 338 cargo tank must be provided with a remotely controlled 
internal self-closing stop valve, except when an MC 330 or MC 331 cargo 
tank is marked and used exclusively to transport carbon dioxide, or 
except when an MC 338 is used to transport argon, carbon dioxide, 
helium, krypton, neon, nitrogen, and xenon. However, if the cargo tank 
motor vehicle was certified before January 1, 1995, this requirement is 
applicable only when an MC 330 or MC 331 cargo tank is used to transport 
a flammable liquid, flammable gas, hydrogen chloride (refrigerated 
liquid), or anhydrous ammonia; or when an MC 338 cargo tank is used to 
transport flammable ladings.

[Amdt. 173-212, 54 FR 25005, June 12, 1989]

    Editorial Note: For Federal Register citations affecting Sec.  
173.33, see the List of CFR Sections Affected which appears in the 
Finding Aids section of the printed volume and on GPO Access.