OTO No.597

OTO No.	597	Classification	MHA-21
Date of Acceptance	May 25, 1999	Respective Office Receiving Complaint	Cabinet Office (Economic Planning Agency)
Responsible Ministries	Ministry of Public Management, Home Affairs, Posts and Telecommunications (Ministry of Home Affairs)	Related Laws	Fire Service Law
Complainant	Domestic firm	Exporting Countries	USA
Subject	Review of standards for tank containers for overland transportation of alkyl aluminum
Description of Complaint	(1) When alkyl aluminum is transported overland in Japan, it must be transported in tanks with a capacity of less than 1,900 liters, in accordance with Article 24-8 of the Regulation on Hazardous Materials (hereafter referred to as "the regulation"). (2) When importing alkyl aluminum from the United States, the complainant wishes to use a tank with a capacity of 22,142 liters. This tank meets the IMDG-Code requirements; it can be used for marine transportation of alkyl aluminum and is also allowed to be used for overland transportation in the United States and EU. However, since it is currently not possible to unload this tank and transport it overland as is, alkyl aluminum must be imported in tanks with a capacity of less than 1,900 liters. This entails needless bother and expense. (3) Therefore, the ministry should allow overland transportation of alkyl aluminum in the tank (with a capacity of 22,142 liters) in question.
Details of Measures	The ministry replied as follows: (1) When alkyl aluminum is transported in tank containers, the Fire Services Law provides that the maximum capacity of the tank containers shall be under 1,900 liters. Taking into consideration the hazard posed by alkyl aluminum, this is a special case beyond the regular standard (of a maximum of 30,000 liters). (2) Standards for tank containers and other mobile storage tanks have been included in the Three- Year Plan for Promoting Deregulation (Revised) (decided on by the Cabinet in March 1999), and the Fire and Disaster Management Agency, in accordance with this plan, studied regulations pertaining to tank containers. Regarding the maximum limits for tank capacity for alkyl aluminum in this complaint, the study was carried out with full regard for the hazards of alkyl aluminum and with international distribution conditions and harmonization with international standards in mind. (3) The study concluded that in order to permit the smooth distribution in Japan of tank containers whose safety has been confirmed abroad and which are used internationally when alkyl aluminum is transported in tanks which are confirmed as conforming to IMDG-Code, procedures to initiate the necessary changes to the applicable laws or regulations are scheduled to be taken, to allow the use of tank containers with a capacity greater than or equal to 1,900 liters. (4) Procedures to initiate the necessary changes to the applicable laws are scheduled to be taken in FY 2000 to allow the use of tank containers with a capacity of 22,142 liters in question in the complaint.
Status of Processing	Processed (November 21, 2000)	Classification of Action	A
Remarks	A written reply was made on June 3, 1999. A written reply was made on July 14, 1999. A written reply was made on April 4, 2000. A written reply was made on April 26, 2000. A written reply was made on June 6, 2000.