{"operation":"document","citation":"11-0036","title":"Cusco Fabricators, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-05-25","effective_on":null,"summary":"11-0036 response to Cusco Fabricators, Inc. concerning 171.8, 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0036.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0036.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0036","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110036.pdf","body":"<<>>\n\nU.S. Deportment of Transportation Pipeline and Hazardous Materials Safety Administration\n1200 New Jersey Avenue. SE\nWashington. DC 20590\nMAY 252011\nMr. Sarathi Chilukuri\nCusco Fabricators, Inc.\n305 Enford Road\nRichmond Hill, ON LAC 3E9\nCanada\nReference No.: 11-0036\nDear Mr. Chilukuri:\nThis responds to your email concerning the definition of a \"Portable Tank\" as defined by\nthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you\nask if the roll-on/roll-off units you describe in your letter can be defined as portable tanks\nunder the HMR.\nIn your letter you describe your roll-on/roll-off units as tanks that can be moved on and off\nof a truck chassis or trailer bed using a detachable lifting system. These units you describe\nare equipped with a hoisting system that utilizes chains and binding straps to move the\nunit. These units are not permanently attached to any mobile system. Based on the\ndescription you provided for your roll-on/roll-off units, these units appear to meet the\ndefinition of a portable tank. However, in your letter you also state that it is a widespread\nindustry practice to build and certify these roll-on/roJl-off units to DOT 407 and DOT 412\nspecifications. It should be noted that DOT 407 and DOT 412 are specifications for cargo\ntanks therefore, if the units you describe are built to these specifications they are\nconsidered a cargo tank.\nAs specified in § 171.8, a portable tank means a bulkpackaging (except a cylinder having\na water capacity of 1,000 pounds or less) designed primarily to be loaded onto, or on, or\ntemporarily attached to a transport vehicle or ship and equipped with skids, mountings, or\naccessories to facilitate handling of the tank by mechanical means. It does not include a\ncargo tank, tank car, multi-unit tank car tank, or trailer carrying 3AX, 3AAX, or 3T\ncylinders.\nThe specifications for portable tanks are found in Subpart H of Part 178 of the HMR.\nPortable tanks not meeting a specification found in Subpart H of Part 178 of the HMR\nwould be considered a non-specification bulk container. In accordance with §173.22( a )(2)\n\n<<>>\n\nit is the shipper's responsibility to determine that the packaging or container to be used is\nan authorized packaging, including part 173 requirements, and that it has been\nmanufactured, assembled, and marked in accordance with part 178.\nI hope this satisfies your inquiry. Please contact us if we can be of further assistance.\n(\n:1f1\ni\\T. Glenn Foster\nb Chief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<>>\n\nDrakeford, Carolyn (PHMSA)\nFrom: INFOCNTR (PHMSA)\nSent: Monday, February 14, 2011 3:58 PM\nTo: Drakeford, Carolyn (PHMSA)\nSubject: FW: Hazmat Information Center Feedback: Highway (Sections 177.800 – 177.870)\nHi Carolyn,\nWe received the following request for a letter of interpretation at the Info Center.\nThanks,\nVictoria\nVictoria Lehman\nHazmat Information Center (HMIC)\nPipeline & Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE,\nE21-119 Washington, D.C. 20590\nhttp://phmsa.dot.gov/hazmat/info-center\n(202) 366-1035\n-----Original Message----From:\nPHMSA-Feedback [mailto:PHMSA-Feedback]\nSent: Monday, February 14, 2011 11:42 AM\nTo: PHMSA HM InfoCenter; PHMSA Webmaster\nSubject: Hazmat Information Center Feedback: Highway (Sections 177.800 &ndashj 177.870)\nBackground:\nRoll-On-Roll-off units are the tanks that are rolled off and on from a truck chassis or\ntrailer bed or some form of transport system using a detachable lifting system. They are\nneither permanently attached to any mobile system nor dedicated to any such system but are\nsecured to the hoisting system using chains or binding straps. They have been in Hazardous\nMaterial service for over 20 years. Most of them are vacuum loaded.\nme definition of Portable tanks, vide clause # 171.8 that reads \"Portable Tank means a bulk\npackaging (except a cylinder having a 1000-pound or less water capacity) over 110 USG\ncapacity and designed primarily to be loaded into or on or temporarily attached to a\ntransport vehicle or ship and equipped with skids, mounting or accessories to facilitate\nhandling of the tank by mechanical means. It does not include a cargo tank, tank car, multiunit\ntank car tank, or trailer carrying 3AX, 3AAX, or 3T cylinders\"\nMy understanding is that these Roll-On-Roll-off units meet the definition of portable tanks.\nHowever there is no specification under the category of portable tanks that addresses these\nRoll-On-Roll-off Units. Possibly because of this lack of clarity in the regulation, it has\nbeen the practice across the industry to build and certify these tanks to DOT 407 / 412 that\nare cargo tanks.\nSome of the manufacturers of these Roll-On-Roll-off units are not having license to build the\nportable tanks.\nHow does DOT classify these units? Are they Cargo Tanks or they are portable tanks?\nRequest an interpretation.\nRegards,\nSarathi Chilukuri\n1\n\n<<>>\n\nName: Sarathi Chilukuri\nOrganization: Cusco Fabricators, Inc.\nEmail: csarathi@Wasteguip.com\nAddress: 395 Enford Road,\nCity: Richmond Hill\nZip Code: L4C 3E9\nPhone: 995-883-1214 ext. 229\nCountry: Canada\nFAX: 995-883-1778\n2","truncated":false,"body_characters":5202}