{"operation":"document","citation":"21-0043","title":"American Bureau of Shipping — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2021-09-15","effective_on":null,"summary":"21-0043 response to American Bureau of Shipping concerning 171.8, 178.274.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0043.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0043.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0043","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/75906/210043.pdf","body":"<<>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nSeptember 15, 2021\nMs. Simone Goncalves\nTechnical Manager\nAmerican Bureau of Shipping\n1701 City Plaza Dr.\nSpring, TX 77389\nReference No. 21-0043\nDear Ms. Gonçalves:\nThis letter is in response to your April 19, 2021, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to United Nations (UN)\nspecification portable tanks. Specifically, you ask if a UN portable tank—without an outside\nframework—can meet the requirements for design and approval as provided in § 178.274.\nA UN portable tank may technically be designed and constructed in accordance with § 178.274\nwithout an “outside framework.” As provided in § 171.8, a “UN portable tank” is an intermodal\ntank with a capacity of more than 450 liters, and includes a shell fitted with service equipment\nand structural equipment, including stabilizing members external to the shell and skids,\nmountings, or accessories to facilitate mechanical handling. Additionally, in accordance with §\n178.274(h)(1), UN portable tanks must be designed and constructed with a support structure to\nprovide a secure base during transport, taking into account the forces and safety factors specified\nin paragraphs (c)(1) and (c)(2) of § 178.274. The support structure, or structural equipment, must\nalso adequately protect the shell and service equipment from damage resulting from impact and\noverturning if the shell and service equipment are not constructed to withstand such forces, as per\n§ 178.274(h)(5). Therefore, while an outside framework is typically used to fulfill design and\nconstruction requirements, a UN portable tank without the outside framework would still have to\nmeet all applicable requirements, including those mentioned above.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\nCasey\nFrom: INFOCNTR (PHMSA)\nTo: Hazmat Interps\nSubject: FW: [EXTERNAL]: RE: Portable Tank Questions\nDate: Tuesday, April 20, 2021 1:11:34 PM\nAttachments: image002.png\n21-0043\nHello Hazmat Interps,\nBelow is a request for letter of interpretation.\nThanks,\nJonathon, HMIC\nFrom: Simone Goncalves [mailto:sgoncalves@eagle.org]\nSent: Tuesday, April 20, 2021 12:56 PM\nTo: INFOCNTR (PHMSA) \nSubject: RE: [EXTERNAL]: RE: Portable Tank Questions\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or\nopen attachments unless you recognize the sender and know the content is safe.\nHello Jonathan,\nPlease find below the requested information highlighted in BLUE:\nLet me know if you need any additional information.\nBest Regards,\nSimone Gonçalves\nTechnical Manager\nContainer Certification Department\n281-877-6325 wk\nsgoncalves@eagle.org\nFrom: INFOCNTR (PHMSA) \nSent: Tuesday, April 20, 2021 8:27 AM\nTo: Simone Goncalves \nSubject: RE: [EXTERNAL]: RE: Portable Tank Questions\nDear Simone,\nWe have received your request for a written letter of interpretation regarding the hazardous\n\n<<>>\n\nmaterials regulations (49 CFR Parts 171-180). The hazardous materials regulations are available at\nthe following URL:\nhttps://www.phmsa.dot.gov/phmsa-regulations\nHowever, before we can submit your request for processing, please respond to this email with:\nFull Name: Simone Goncalves\nPhysical Mailing Address: 1701 City Plaza Dr, Spring, TX 77389\nTelephone Number: +1 936 900 2056\nSincerely,\nJonathon, Hazardous Materials Specialist\nAn e-mail response from this office is considered informal guidance. Formal guidance may be\nrequested in accordance with 49 CFR 105.20. https://www.phmsa.dot.gov/standards-\nrulemaking/hazmat/hazardous-materials-information-center\nFrom: Simone Goncalves [mailto:sgoncalves@eagle.org]\nSent: Monday, April 19, 2021 2:56 PM\nTo: INFOCNTR (PHMSA) \nSubject: RE: [EXTERNAL]: RE: Portable Tank Questions\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or\nopen attachments unless you recognize the sender and know the content is safe.\nDear Sir/Madam,\nI would like to clarify if Portable Tanks without an outside framework can be certified to 49\nCFR 178.274? IMDG indicates that as long as the shell is designed to withstand the impact and\noverturning, the outer frame is not necessary. DoT has similar requirements as specified\nbelow. Is my understanding correct? Please note that the definitions from IMDG and DoT still\nmentioned that stabilizing members external to the shell is mandatory. So it might be a\nmismatching between the definitions and the design requirements.\nI appreciate your help on this matter.\nBest Regards,\nSimone Gonçalves\nTechnical Manager\n\n<<>>\n\nContainer Certification Department\n281-877-6325 wk\nsgoncalves@eagle.org\nIMDG section 6.7.4.1 indicates that:\nPortable tank means a thermally insulated multimodal tank having a capacity of more than 450\nL fitted with service equipment and structural equipment necessary for the transport of\nrefrigerated liquefied gases. The portable tank shall be capable of being filled and discharged\nwithout the removal of its structural equipment. It shall possess stabilizing members external\nto the tank, and shall be capable of being lifted when full. It shall be designed primarily to be\nloaded onto a transport vehicle or ship and shall be equipped with skids, mountings or\naccessories to facilitate mechanical handling. Road tank-vehicles, rail tank-wagons, non-\nmetallic tanks, intermediate bulk containers (IBCs), gas cylinders and large receptacles are not\nconsidered to fall within the definition for portable tanks;\nIMDG section 4.2.1.2 indicates:\nDuring transport, portable tanks shall be adequately protected against damage to the shell and\nservice equipment resulting from lateral and longitudinal impact and overturning. If the shell\nand service equipment are so constructed as to withstand impact or overturning, it need not be\nprotected in this way. Examples of such protection are given in 6.7.2.17.5.\n49 CFR 171.8 indicates:\nUN portable tank means an intermodal tank having a capacity of more than 450 liters (118.9\ngallons). It includes a shell fitted with service equipment and structural equipment, including\nstabilizing members external to the shell and skids, mountings or accessories to facilitate\nmechanical handling. A UN portable tank must be capable of being filled and discharged\nwithout the removal of its structural equipment and must be capable of being lifted when full.\nCargo tanks, rail tank car tanks, non-metallic tanks, non-specification tanks, bulk bins, and\nIBCs and packagings made to cylinder specifications are not UN portable tanks.\n49 CFR 178.274 (h) (5) indicates:\n(5) During transport, portable tanks must be adequately protected against damage to the shell,\nand service equipment resulting from lateral and longitudinal impact and overturning, or\nthe shell and service equipment must be constructed to withstand the forces resulting from\nimpact or overturning. External fittings must be protected so as to preclude the release of\nthe shell contents upon impact or overturning of the portable tank on its fittings. Examples of\nprotection include:\nBest Regards,\nSimone Gonçalves\n\n<<>>\n\nTechnical Manager\nContainer Certification Department\n281-877-6325 wk\nsgoncalves@eagle.org\nFrom: Benninghoven, Neil (PHMSA) \nSent: Friday, October 30, 2020 11:53 AM\nTo: Simone Goncalves \nSubject: [EXTERNAL]: RE: Portable Tank Questions\nSimone,\nThis may be better if you submit for a letter of interpretation with our Standards branch. Please\nsubmit your question to the infocntr@dot.gov email address. Sorry I could not be more assistance\nfor you.\nRegards,\nNeil Benninghoven\nTransportation Specialist, Pressure Vessels Branch\nUS Department of Transportation\nPipeline and Hazardous Materials Safety Administration\n1200 New Jersey Ave., SE\nWashington, D.C. 20590-0001\nOffice: 202-366-2665 ◊ Mobile: 202-573-4342\nPHMSA Home | LinkedIn | Twitter | HAZMAT | OPS\nFrom: Simone Goncalves [mailto:sgoncalves@eagle.org]\nSent: Friday, October 30, 2020 11:48 AM\nTo: Benninghoven, Neil (PHMSA) \nSubject: RE: Portable Tank Questions\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or\nopen attachments unless you recognize the sender and know the content is safe.\nDear Neil,\nI was wondering if you have any updates on my below question?\nThank you\n\n<<>>\n\nSimone\nFrom: Simone Goncalves\nSent: Wednesday, September 9, 2020 12:46 PM\nTo: Neil Benninghoven (james.benninghoven@dot.gov) \nSubject: Portable Tank Questions\nDear Neil,\nI hope you and your team are safe.\nI have a quick questions regarding certification of portable tanks. Can we certify Portable\nTanks in accordance with section 49 CFR 178.274 without an outside frame? According IMDG,\nit appears that as long as the shell is designed to withstand the impact and overturning, the\noutside frame is not necessary. Dot has similar requirements as specified below. Am I correct?\nPlease note that the definitions from IMDG and DoT still mentioned that stabilizing members\nexternal to the shell is mandatory. So it might be a mismatching between the definitions and\nthe design requirements.\nI appreciate your help on that.\nSimone\nIMDG section 6.7.4.1 indicates that:\nPortable tank means a thermally insulated multimodal tank having a capacity of more than 450\nL fitted with service equipment and structural equipment necessary for the transport of\nrefrigerated liquefied gases. The portable tank shall be capable of being filled and discharged\nwithout the removal of its structural equipment. It shall possess stabilizing members external\nto the tank, and shall be capable of being lifted when full. It shall be designed primarily to be\nloaded onto a transport vehicle or ship and shall be equipped with skids, mountings or\naccessories to facilitate mechanical handling. Road tank-vehicles, rail tank-wagons, non-\nmetallic tanks, intermediate bulk containers (IBCs), gas cylinders and large receptacles are not\nconsidered to fall within the definition for portable tanks;\nIMDG section 4.2.1.2 indicates:\nDuring transport, portable tanks shall be adequately protected against damage to the shell and\nservice equipment resulting from lateral and longitudinal impact and overturning. If the shell\nand service equipment are so constructed as to withstand impact or overturning, it need not be\nprotected in this way. Examples of such protection are given in 6.7.2.17.5.\n49 CFR 171.8 indicates:\n\n<<>>\n\nUN portable tank means an intermodal tank having a capacity of more than 450 liters (118.9\ngallons). It includes a shell fitted with service equipment and structural equipment, including\nstabilizing members external to the shell and skids, mountings or accessories to facilitate\nmechanical handling. A UN portable tank must be capable of being filled and discharged\nwithout the removal of its structural equipment and must be capable of being lifted when full.\nCargo tanks, rail tank car tanks, non-metallic tanks, non-specification tanks, bulk bins, and\nIBCs and packagings made to cylinder specifications are not UN portable tanks.\n49 CFR 178.274 (h) (5) indicates:\n(5) During transport, portable tanks must be adequately protected against damage to the shell,\nand service equipment resulting from lateral and longitudinal impact and overturning, or\nthe shell and service equipment must be constructed to withstand the forces resulting from\nimpact or overturning. External fittings must be protected so as to preclude the release of\nthe shell contents upon impact or overturning of the portable tank on its fittings. Examples of\nprotection include:\nBest Regards,\nSimone Gonçalves\nTechnical Manager\nContainer Certification Department\n281-877-6325 wk\nsgoncalves@eagle.org","truncated":false,"body_characters":12210}