Interpretation Response #10-0094
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
July 28, 2010
Mr. Mark A. Connolly
Akzo Nobel Chemicals, Inc.
525 W. Van Buren Street
Chicago, IL 60607-3823
Ref. No. 10-0094
Dear Mr. Connolly:
This responds to your May 25, 2009 letter concerning authorized packaging under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask for clarification of authorization to use a foreign-made UN portable tank with non-bulk capacity.
According to your letter, your company would like to transport hazardous material (i.e., UN3394, Packing Group (PG) I material) in a foreign-made UN portable tank with a capacity of 200 liters. The portable tank will be designed and manufactured using the same process for a bulk capacity portable tank conforming to Section VIII of the ASME code and portable tank instruction T22, and will be U stamped. You request clarification that the HMR authorize the import and export to and from the United States by vessel as well as the domestic filling and transportation of these foreign-made UN portable tanks.
Your understanding is correct that a foreign-made UN portable tank offered and transported by vessel in accordance with the International Maritime Dangerous Goods (IMDG) Code may be imported and exported to and from the United States, subject to certain conditions and limitations. See §§ 171.22 and 171.25. Your understanding is also correct that a foreign-made UN portable tank may be filled and transported domestically. The HMR authorize the import and use of a foreign-made UN portable tank manufactured in accordance with national or international regulations based on the United Nations Recommendations on the Transportation of Dangerous Goods, subject to conditions and limitations. See § 173.24(d).
Note that as a condition for use of the IMDG Code, UN portable tanks (regardless of capacity) must conform to applicable bulk special provisions assigned in the § 172.101 hazardous materials table (HMT) to the hazardous material to be transported in the UN portable tank. See § 171.25(c)(1). With regard to import and use of foreign-made UN portable tanks under
§ 173.24(d), although not similarly instructed as with use of the IMDG Code, it is the opinion of this Office that UN portable tanks (regardless of capacity) must also conform to applicable bulk special provisions assigned to the hazardous material to be transported.
According to your letter, the UN portable tank would be constructed in conformance with portable tank instruction T22 and filled in conformance with portable tank special provisions TP2 and TP7. The hazardous material description "Organometallic substance, liquid, pyrophoric, water-reactive, UN3394, PG I," is assigned bulk special provisions T21, TP2, and TP7 in the § 172.101 HMT. Although T22 is not assigned to the material, the HMR authorize the use of a UN portable tank conforming to an alternative tank instruction under conditions listed in § 172.102(c)(7)(v). For example, the alternative UN portable tank must be constructed to a wall thickness greater than or equivalent to the wall thickness of the portable tank instruction assigned to the hazardous material. Thus, the foreign-made UN portable tank conforming to the bulk special provisions described in your letter is authorized for use under the HMR.
I hope this information is helpful. If you have further questions, please contact this office.
Charles E. Betts
Chief, Standards Development
Office of Hazardous Materials Standards
171.22, 171.25, 173.24, 172.102(c)(7)(v)
|§ 173.24||General requirements for packagings and packages|