American Metals & Chemical Corporation — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 FEE 2 1 Mr. Barry D. Reichenberg American Metals & Chemical Corporation P.O. Box 1048 Dania, FL 33004 Reference No. 07-0208 Dear Mr. Reichenberg: This is in response to your October 15,2007 letter to Mr. Charles Hochrnan, Director, Office of Hazardous Materials Technology, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation (DOT), and your November 1,2007, and November 1 1,2007, telephone conversations with Ms. Eileen Edmonson of my staff. You asked if a 20-foot long, atmospheric pressure, 5,000-6,000 gallon capacity, International Standards Organization (ISO) tank in a box or beam type frame is a portable tank or cargo tank under the Hazardous Materials Regulations (HNIR; 49 CFR Parts 171 - 180). Mr. Hochman forwarded your letter to the Office of Hazardous Materials Standards for response. An IS0 tank in a fiarnework is a portable tank under the HMR. The portable tank must meet the T-Codes listed in § 172.102(~)(7) for the hazardous material it contains. Fitted with structural equipment, mountings, or accessories to facilitate mechanical handling, this tank is typically used for intermodal and international transport. See "Intermodal portable tank," "Portable tank," and "UN portable tank" under 5 171.8. After January 1,2003, all newly manufactured portable tanks must conform to the requirements for the design, construction, and approval of UN portable tanks specified in $9 178.273, 178.274, 178.275, 178.276, 178.277, and 49 CFR Part 180, Subpart G. See 5 173.32(~)(2). The HMR prescribe additional requirements for the use of DOT specification and UN portable tanks in 4 173.32. You state you are considering transporting "UN 2586, Alkyl sulfonic acids, liquid, 8 (corrosive), PG 111" in an IS0 tank. Please note that Column 7 of the Hazardous Materials Table (HMT; 5 172.10 1) for this material requires you to use a tank that conforms to the#

Page 2minimum shell thickness and maximum degree of filling requirements prescribed in Special Provisions T4 and TP 1, respectively. See 8 $ 172.102(~)(7)(ii) and (c)(8)(ii), and 178.274(d)(2). I hope this satisfies your request. Hattie L. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 3American Metals & Chemical Corporation October 15,2007 Mr. Charles A. Hockman, Director OEce of Hazardous Materials Technology Pipeline of Hazardous Safety Administration US Department of Transportation 1200 New Jersey Avenue SE Room E2 1-3 12 Washington, D.C. 20590-0001 Dear Mr. Hockman: We are contemplating the import of a Class 8 Corrosive (UN 2586) in IS0 Containers holding approximately 5,000 gallons. I'm confident that your office is familiar with these containers. They're stainless steel tanks supported within a steel fiame and are certified for the transport of corrosives. All sides of the tank are visible through the fiame. A question has arisen with a USA inland carrier as to the markings required on the IS0 Container. The carrier contends that these are "portable tanks" and are therefore required to be marked as set forth in Title 49 CFR 172.326. We contend that these are "cargo tanks" and are therefore required to be marked as set forth in Title 49 CFR 172.328 . We respectfully request an Official Determination and Interpretation from the USA Department of Transportation as to whether an IS0 Container is a "portable tank" or a "cargo container" and as to whether required markings must be as per CFR 172.326 or as per CFR 172.328. Thank you. Yours truly, CORRESPOIVDENCE P.O. Box 1048 Dania, FL 33004 TELEPHONE 954-926-7470 954-929-7390 FAX - Fax: 954-929-7391 americanmetals@bellsouth.net#