SeaFair USA LLC — Hazardous Materials Safety Interpretation

Page 1Michael Daum • Compliance & Quality Manager SeaFair USA LLC 1090 King Georges Post Road Suite 403 Edison, NJ 08837 Reference No. 17-0045 Dear Mr. Daum: This letter is in response to your April 19, 2017, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the requirements for the use of portable tanks. Specifically, you ask if a specification portable tank filled with a non- regulated material needs to be filled in accordance with the requirements of § 173.32(f)(5). The answer is no. A material that is not defined as a "hazardous material" in accordance with the HMR is not subject to the requirements of the HMR, including the requirements for loading of portable tanks in § 173.32(f)(5). I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Chief, Standards Development Branch Standards and Rulemaking Division#

Page 2Please submit this as a letter of interpretation. Mr. Daum spoke with Jodi and Breanna. Please let me know if you have any questions. Thanks, Eamonn From: Michael Daum [mailto:Michael.Daum@seafairgroup.com] Sent: Wednesday, April 19, 2017 1:36 PM To: INFOCNTR (PHMSA) < INFOCNTR.INFOCNTR@dot.gov> Subject: International shipments of not-regulated (non-hazardous) materials in un portable tanks in accordance with 49 CFR 173.32(f)(5) - 80/20 rule Jodi completed via phone at 3:01 PM, requesting formal interp. Dear Madam or Sir, I would like to request clarification on the applicability of the filling requirements stated in 49 CFR 173.32(f) (5) in regards to international shipment of liquids not regulated under IMDG Code nor 40 CFR HMR as hazardous materials transported in UN portable tanks. If those not-regulated liquids have a viscosity of less than 2,680 centistokes and the UN portable tank is not equipped with baffles, does an offeror of these shipments still have to abide by the 1732.32(f)(5) requirement of loading to a filling density of less than 20% and more than 80% by volume? I am looking forward to your clarification. Kind regards | Mit freundlichen Grüßen | Saludos cordiales SEAFAIR Michael Daum Compliance & Quality Manager SeaFair USA LLC 1090 King Georges Post Road Suite 403 Edison, NJ 08837 Tel.: +1 (732) 709 3722#

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