{"operation":"document","citation":"08-0272","title":"DuPont Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-01-09","effective_on":null,"summary":"08-0272 response to DuPont Company concerning 173.32.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0272.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0272.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0272","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080272.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave., SE\nWashington, DC 20590\nMr. Randolph Martin\nDuPont Lancaster Pike\nBMP 221222\nWilmington, DE 19805\nRef. No.: 08-0272\nDear Mr. Martin:\nThis responds to your letter dated October 29,2008, regarding requirements under the\nHazardous Materials Regulations (HMR; 49 CFR Parts 17 1 - 180) applicable to the use of\nportable tanks. Specifically, you ask for clarification of the provisions in 5 17 1.14(d)(4)\nand 5 173.32(~)(2) that allow for IM, IMO, and DOT 51 portable tanks to be used after\nJanuary 1,20 10. You indicate that confusion regarding the wording used in\n5 17 1.14(d)(4) and two seemingly contradictory letters of interpretation (Ref. Numbers:\n05-0072 and 08-0208) have prompted your inquiry.\nYou make a valid point that 5 17 1.14(d)(4) and a previous letter of interpretation, Ref. No.\n05-0072, can be understood to imply that Specification DOT 5 1 portable tanks and IMO\nportable tanks are subject to the \"T\" code special provisions . We regret the confusion.\nAs previously stated in a letter of interpretation, Ref. No. 08-0208, the changes made to\n5 17 1.14(d)(4) allow, until January 1,201 0, IM portable tanks to use the \"T\" Code special\nprovisions listed in Column 7 of the Hazardous Materials Table (HMT; 5 172.10 1) that\nwere in effect on September 30,2001. IM portable tanks may continue to be used after\nJanuary 1,20 10 for the transportation of a hazardous material provided they meet the\nrequirements of the HMR, including the specification requirements for the transportation of\nthe particular hazardous material according to the \"T\" codes in effect at the time of use and\nprovided the portable tanks conform to the periodic inspection and tests specified for the\nparticular portable tank in subpart G of part 180 of the HMR.\nThe revisions do not prohibit the use of DOT 5 1 or IMO portable tanks. Further, in\naccordance with 5 172.102(~)(7)(i), DOT 5 1 and IMO portable tanks are generally not\nsubject to the \"T\" Code special provisions. However, as stated in 5 173.32(b)(2), where a\nSpecification IMl 01 or IM102 portable tank is prescribed, a UN portable tank or\nSpecification 5 1 portable tank conforming to the special commodity requirements of\n4 172.102(~)(7) for the material to be transported may be used. Therefore, properly\nrequalified and maintained DOT 5 1 or IMO portable tanks that meet the design\n\n<<<PAGE 2>>>\n\nrequirements in effect at the time of manufacture and applicable special provisions (e.g.,\nSpecial Provision B30 for minimum thickness) may continue to be used after January 1,\n2010 to transport authorized hazardous materials (See Column 8 of the HMT for\ninformation on authorized packagings).\nA copy of PHMSA letter of clarification Ref. No. 08-0208 is enclosed.\nI hope this satisfies your inquiry. If we can be of fwther assistance, please contact us.\nSincerely,\nf i o k k - e ?\nCharles E. Betts\nChief, Standards Development\nffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nFrom: Gorsky, Susan <PHMSA>\nSent: Wednesday, October 29, 2008 7:59 AIM\nTo: Drakeford, Carolyn <PHMSA>\nSubject: FW: HM-215D\nFrom: Randolph Martin [mailto:Randolph.Martin@USA.dupont.com]\nSent: Tuesday, October 28,2008 4:25 PM\nTo: Gorsky, Susan <PHMSA>\nSubject: HM-21SD\nSusan - there have been several seemingly contradictory interpretations issued dealing with the continued use of\nIM, IMO and DOT 51 portable tanks after January 1,2010. There is no question that these tanks can continue to\nbe used, but we are unsure as to which specifications (special provisions) they must comply with.\nPHMSA lnterpretation 05-0072 clearly states that after 1/1/2010 these tanks will be subject to the T Codes in\neffect on that date (1/1/2010). Yet PHMSA lnterpretation #08-0208 states that DOT 51 tanks are not even subject\nto \"T\" Code special provisions, even though 171.14(d)(4) clearly states that they are.\nOur understanding after reading HM-215D was that the continued use of IM, IMO and DOT 51 tanks after\n1/1/2010 was allowed as long as the tanks met the applicable (new) T codes that became effective 10/1/2001. In\neffect, on 1/1/2010 all portable tanks would have to meet the applicable (new) T Codes in Column 7 of the\n172.101 table.\nSo I have 2 simple questions:\n1) Can in fact IM, IMO and DOT 51 portable tanks continue to be used past 1/1/201 O?\n2) If yes, what are the applicable T codes or special provisions or specifications they must comply with?\nThanks in advance for a quick response. Call me on 302-992-3443 to discuss further.\nThis communication is for use by the intended recipient and contains\ninformation that may be Privileged, confidential or copyrighted under\napplicable law. 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