The Whitaker Company — Hazardous Materials Safety Interpretation

Page 11200 New Jersey Avenue, SE Washington, DC 20590 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration April 23, 2026 Mr. Johnny Johnson The Whitaker Company 1557 Marietta Road NW Atlanta, GA 30318 Reference No. 25-0124 Dear Mr. Johnson: This is in response to your September 17, 2025, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of Class 9 hazardous materials in a bulk packaging. Specifically, you ask—when transported by ground— may a hazardous materials described as a Class 9 be offered for transportation in packagings that you describe as non-specification intermediate bulk containers (IBCs), i.e., bulk packagings that are not constructed in accordance with 49 CFR Part 178, Subparts N and O of the HMR? Yes. When a hazardous material listed in the § 172.101 Hazardous Materials Table (HMT) references § 173.241 for bulk packaging, the material may be transported in “non-DOT specification portable tanks suitable for transport of liquids.” Therefore, a bulk packaging that resembles an IBC but does not meet a Department of Transportation (DOT) specification may be considered a “non-DOT specification portable tank” provided it meets the definition of a bulk packaging in § 171.8 and is suitable for the transportation of liquids. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Alexander Wolcott Acting Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2Pollack, A. 25-0124 From: INFOCNTR (PHMSA) To: Baker, Yul (PHMSA) Cc: Hazmat Interps Subject: FW: Request for a letter of interpretation -- IBC Class 9 Domestic Shipment in IBCs Date: Friday, September 19, 2025 11:31:27 Attachments: image001.png Importance: High Hi Yul, Please see the below interpretation request. The phone number is 404-605-8797 and the mailing address is 1557 Marietta Road NW Atlanta, Georgia. Let us know if you need anything. Janaye From: Johnny Johnson <Johnny.Johnson@whitaker.company> Sent: Wednesday, September 17, 2025 3:28 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Cc: Meka Martin <Meka.Martin@whitaker.company> Subject: Request for a letter of interpretation -- IBC Class 9 Domestic Shipment in IBCs Importance: High CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the sender and know the content is safe. Dear Sir or Madam A request for clarification. Had a driver ask about placarding of IBC’s on a cargo trailer that once held a hazardous substance being ship to a reconditioner. While I was looking thru letters of interpretation I ran across --- REF. NO. 14-0173 The question was asked on 14-0173 Q2: “Is a DOT specification cargo tank motor vehicle required to transport this material, or may a non-DOT specification cargo tank motor vehicles be used?” A2: “No, a DOT specification cargo tank is not required.” So, my question is since a non-code/Non-DOT specification cargo maybe be used for a bulk Class 9#

Page 3shipping domestically. May a non-certified or non-performance rated IBC be used in shipping a domestic, ground transportation of a class 9 material? Looking forward to your answer – Thanks in advance. Respectfully Johnny Johnson Fleet Compliance and Safety The Whitaker Company Atlanta Georgia#