Interpretation Response #09-0045
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Mr. Thomas Reese
DuPont Sourcing & Logistics
Distribution Safety & Security Team
4417 Lancaster Pike, Barley Mill Plaza 22/2226
Wilmington, DE 19805
Ref. No. 09-0045
Dear Mr. Reese:
This responds to your February 24, 2009 email requesting clarification of international regulations authorized for use under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask for clarification of whether a portable tank, containing a Division 2.2 fire extinguishing agent, past the due date for periodic inspection or testing may be transported in accordance with the International Maritime Dangerous Goods (IMDG) Code back to the United States to be emptied and retested.
In a follow-up telephone discussion with a member of my staff, you stated that each portable tank is actually emptied, with approximately 3% of the contents remaining in each tank, and that the tanks are to be shipped back to the United States for periodic testing. You ask whether your company must comply with both additional conditions specified in 220.127.116.11.6 of the IMDG Code to be allowed to transport the portable tanks past the retest date if your company is unable to comply with the general allowance that permits transportation of portable tanks that are not more than three months past their retest dates.
The answer is no, you do not need to meet both of the additional conditions specified in 18.104.22.168.6 of the IMDG Code when transporting a portable tank that has passed its retest date. A portable tank filled prior to its retest date may be transported for a period of not more than three months beyond the retest date. Along with the general allowance, 22.214.171.124.6 provides for two additional options. A portable tank may be transported past its retest date after emptying but before cleaning, for purposes of performing the next required inspection or test (see 126.96.36.199.6.1). Further, a portable tank may be transported for a period of not more than six months beyond its retest date to allow the return of hazardous materials for disposal or recycling (see 188.8.131.52.6.2). Thus, your company"s emptied portable tanks may be transported past their retest dates in accordance with
184.108.40.206.6.1 of the IMDG Code in order to perform the next required inspection or test. Finally, as authorized by §§ 171.22 and 171.25 of the HMR, these portable tanks may be transported to the United States in accordance with the IMDG Code.
I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.
Charles E. Betts
Chief, Standards Development
Office of Hazardous Materials Standards
|§ 171.25||Additional requirements for the use of the IMDG Code|