{"operation":"document","citation":"13-01637","title":"National Association of Chemical Distributors — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-12-03","effective_on":null,"summary":"13-01637 response to National Association of Chemical Distributors concerning 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-01637.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-01637.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-01637","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130167.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nDEC 0 3 2013\nMs. Jennifer Gibson\nVice President, Regulatory Affairs\nNational Association of Chemical Distributors\n1555 Wilson Boulevard, Suite 700\nArlington, VA 22209\nRef. No. 13-0167\nDear Ms. Gibson:\nThis responds to your August 13, 2013letter asking if an IBC with its specification\nmarkings obscured, permanently attached to a motor vehicle, meets the definition of a non-\nspecification cargo tank specified in § 171.8 and, therefore, may be discharged while still\non the motor vehicle under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-\n180).\nThe answer is no. A cargo tank is defined in§ 171.8 as \"a bulk packaging that: (1) Is a\ntank intended primarily for the carriage of liquids or gases and includes appurtenances,\nreinforcements, fittings, and closures; (2) Is permanently attached to or forms a part of a\nmotor vehicle, or is not permanently attached to a motor vehicle but which, by reason of its\nsize, construction or attachment to a motor vehicle is loaded or unloaded without being\nremoved from the motor vehicle; and (3) Is not fabricated under a specification for\ncylinders, intermediate bulk containers, multi-unit tank car tanks, portable tanks, ·or tank\ncars.\"\nWhile a specification IBC with its markings permanently obscured, attached to a motor\nvehicle, would be considered a non-specification bulk packaging, it would not meet the\ndefinition of a cargo tank, as that IBC was originally fabricated under the specification for\nIBCs and must be removed from the motor vehicle prior to discharging under the\nrequirements of the HMR, or such activity would require a Special permit. PHMSA may\nconsider clarifying the HMR in this respect in a future rulemaking.\nI hope this information is helpful. If you have further questions, please contact this office.\nSincerely,\n)d)b~\nirector, Standards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nNational Association of\nChemical Distributors\nAugust 12, 2013\nMr. Charles Betts\nDirector, Standards and Rulemaking Division\nPipeline and Hazardous Materials Safety Administration\nAttn: PHH-10\nU.S. Department of Transportation\nEast Building\n1200 New Jersey Avenue, S.E.\nWashington, DC 20590-001\nvia e-mail: Charles.betts@dot.gov\nDear Charles,\nOn behalf of the members of the National Association of Chemical Distributors (NACO), I am\nrequesting a formal interpretation letter regarding the need for a DOT Special Permit,\nspecifically SP-12412, when unloading a Class 8, Packing Group Ill hazardous material from an\nintermediate bulk container (IBC) that is attached to a vehicle.\nThe PHMSA Southern Region office has indicated to us that SP-12412 is not needed for the\nunloading of Class 8, Packing Group Ill hazardous materials from IBCs because of an exception\nin the regulations in 49 CFR 173.241 for bulk packaging that allows the use of non-specification\ncargo tanks and the fact that IBCs attached to trucks can be considered as non-specification\ntanks. The PHMSA office further indicated that this exception only applies to non-specification\nIBCs and that if a shipper obtains a specification IBC, the UN# must be covered up in order for\nthe delivery to be made without SP-12412. The explanation from the investigator in PHMSA's\nSouthern Region office is attached to this letter as Appendix A.\nNACO requests a formal interpretation of this information from PHMSA headquarters to ensure\nconsistent reading and enforcement of these regulatory provisions across all PHMSA regions.\nThank you for your assistance.\n\n<<<PAGE 3>>>\n\nSincerely,\nJennifer C. Gibson\nVice President, Regulatory Affairs\njgibson@nacd.com\n(571}482-3047- direct\n(703)527-6223- NACO\ncc: John Heneghan, Director, PHMSA Southern Region","truncated":false,"body_characters":3820}