{"operation":"document","citation":"21-0109","title":"Western Global Canada Ltd. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2022-03-14","effective_on":null,"summary":"21-0109 response to Western Global Canada Ltd. concerning 172.101, 173.120.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0109.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0109.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0109","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2026-05/21-0109.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMarch 14, 2022\nMr. Ahmed Khan\nEngineering Team Coordinator\nWestern Global Canada Ltd.\n251 Saulteaux Crescent #101\nWinnipeg, MB R3J 3C7\nCanada\nReference No. 21-0109\nDear Mr. Khan:\nThis letter is in response to your November 17, 2021, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation\nof diesel fuel in a UN31A metal intermediate bulk container (IBC) in the United States.\nWe have paraphrased and answered your questions as follows:\nQ1. You ask whether a UN31A metal IBC is an authorized packaging for the transportation of\ndiesel fuel.\nA1. The answer is yes, provided the diesel fuel is:\n(1) a flammable liquid in packing group (PG) III as defined in § 173.120(a), or a\ncombustible liquid as defined in § 173.120(b); and\n(2) described as “UN1202, Diesel fuel, 3, PG III,” “NA1993, Diesel fuel, 3, PG III,” or\n“NA1993, Diesel fuel, Combustible liquid, PG III.”\nThese identification numbers direct shippers to special provision “IB3” in column 7\n(Special Provisions) of the Hazardous Materials Table (HMT; § 172.101), which states\nthat authorized IBCs include metal (31A, 31B, and 31N); rigid plastics (31H1 and 31H2);\nand composite (31HZ1, 31HA2, 31HB2, 31HN2, 31HD2, and 31HH2). Please note that\nthere is an additional requirement when utilizing special provision “IB3” that only liquids\nwith a vapor pressure less than or equal to 110 kPa at 50 °C (1.1 bar at 122 °F) or 130\nkPa at 55 °C (1.3 bar at 131 °F) are authorized, except for UN2672 (see special provision\n“IP8”).\nQ2. You ask whether a UN31A metal IBC containing diesel fuel may be transported on a\nbarge, trawler, or ship within the coastal areas of the United States.\n\n<<>>\n\nA2. The answer is yes, provided all applicable vessel requirements in part 176 of the HMR\nare met. Please note the additional requirements in subpart F of part 176 specific to\nbarges and the regulations on the transfer to and from the containers while onboard\nvessels in 46 CFR § 98.30.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<>>\n\nPollack\n21-0109\nFrom: INFOCNTR (PHMSA)\nTo: Hazmat Interps\nSubject: FW: Use of 31A/Y UN IBC for use on a Barge / Vessel in an Ash-Pond inside USA\nDate: Thursday, November 18, 2021 5:20:47 PM\nAttachments: image001.png\nRDIMS-#14044956-v2-CERTIFICATE_46-1790_Certificate Only 4.pdf\nWM001-05,10,20,30TCG-GLB-Manual v1 EN PRINT READY.pdf\nDelivered Use of 31AY UN IBC for use on a Barge Vessel in an Ash-Pond inside USA .msg\nAutomatic reply Use of 31AY UN IBC for use on a Barge Vessel in an Ash-Pond inside USA .msg\nDelivered Use of 31AY UN IBC for use on a Barge Vessel in an Ash-Pond inside USA .msg\nDelivered Use of 31AY UN IBC for use on a Barge Vessel in an Ash-Pond inside USA .msg\nimage003.png\nimage004.png\nimage005.png\nImportance: High\nHello Hazmat Interps,\nHere are the attachments that were included in the letter request.\nThanks,\nJonathon, HMIC\nFrom: Ahmed Khan \nSent: Wednesday, November 17, 2021 11:40 AM\nTo: INFOCNTR (PHMSA) \nSubject: Use of 31A/Y UN IBC for use on a Barge / Vessel in an Ash-Pond inside USA\nImportance: High\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 Regulatory Specialist,\nFurther to our email communication of April 24th and later April 28th, 2020 on the subject matter\nwith Mr. Josh and Ms. Brianna; can you please help in providing us the “Letter of Interpretation” as\ndesired by some of our customers / clients who would like to use a UN Mobile IBC 31A/Y Fuel Tank in\nAsh-Pond for transportation of Diesel Fuel.\nMatter urgent!\nRegards,\nAhmed Khan\nEngineering Team Coordinator\nTel: +1 (204) 289 3530\nCell: +1 (204) 296 5920\nWeb: western-global.com\n\n<<>>\n\nLegal Disclaimer. This email, including attached files, may contain confidential information and is intended only for the use of the individual and/or entity\nto which it is addressed. If you are not the intended recipient, disclosure, copying, use, or distribution of the information included in this email is\nprohibited.\nDear Regulatory Specialist:\nFurther to our telephonic discussion a few moments ago on the subject matter with your Mr.\nJoshua; can you please help and answer the following questions; and provide us a “Letter of\nInterpretation”. Mr. Josh had informed me on the phone that yes, the 31A/Y UN IBCs can be used\nfor Diesel Fuel transportation with marine voyage inside the USA since it is not restricted or banned\nunder 49CFR.\n1. 2. 3. 4. Please advise if a 31A/Y Steel UN IBC Tank type approved for transportation of dangerous\ngoods falling under CLASS-3, PG-II and PG-III could be used in the USA to transport Diesel Fuel\n(UN1202 / 1993) onto a Barge / Vessel inside an Ash Pond at a customer facility inside the\nUSA under TDG Regulations as applicable in Canada vide Section 11.2 and Paragraph\n5.14(1)(d) of the TDG Regulations under TDG Regulations as applicable in Canada\nKindly also advise if the said 31A/Y UN IBC Tanks could also be used for Marine Transport on a\nbarge / trawler / ships voyage, within the USA coastal areas, somewhat within 120-nautical\nmiles; similar to the\nWestern Global have 31A/Y UN IBC Tanks type approved to CAN/CGSB-43.146 per approval\nfrom Transport Canada.\nTransport Canada permits use of an IBC a 31A IBC to transport diesel fuel on a vessel in\nCanada., based on the following condition:\nHere is some background information.\na. Section 11.2 of the TDG Regulations says to use the TDG Regulations when\ntransporting dangerous goods by vessel inside of Canada. For international\nvoyages, you would refer to the section 11.1, which further refers to the IMDG\nCode. However, in your case you would simply use the TDG Regulations since\nthe voyage is inside of Canada.\nb. Paragraph 5.14(1)(d) of the TDG Regulations refers to various standards that\ncan be used when transporting dangerous goods by vessel inside of Canada.\nOne of those standard is CGSB-43.146, which is the standard for IBC. This\nstandard does allow UN1202 Diesel Fuel to be transported in a 31A IBC.\n5. In closing, whoever is offering the diesel fuel for transport and whoever is transporting\nthe product must be familiar with this standard and also must be TDG trained.\n\n<<>>\n\nPeople can obtain a copy of CGSB-43.146 using this link.\nPlease forward us an appropriate “Letter of Interpretation” to our email request. Kindly also\nadvise the relevant code as applicable in the USA for compliance to the TDG / 49CFR /\n46CFR.\nRegards,\nAHMED KHAN\nFuel Solutions Group - North America\nahmed.khan@western-global.com\n+1 204 296 5920 mobile\n+1 204 772 6525 office\nWESTERN-GLOBAL.COM | LINKEDIN | YOUTUBE | PARTS SITE\nINNOVATIVE FUEL & FLUID STORAGE SOLUTIONS\nLegal Disclaimer: This email is confidential and may contain legally\nprivileged information. If you are not the intended recipient, you must\nnot disclose or use the information contained in it. If you have received\nthis email in error, please notify us immediately by return email and\ndelete the document.","truncated":false,"body_characters":7458}