Eurotainer USA, Inc. — Hazardous Materials Safety Interpretation

Page 1or transportation U.S. Department Washington, D.C. 400 Sevenm Svent SW 20590 Research and Special Programs Administration JAN 1 5 10C3 Mr. Terrence Noonan Eurotainer USA, Inc. 580 Howard Avenue Summerset, NJ 08873 Dear Mr. Noonan: This is in response to your letter requesting clarification on outage and filling limits for intermodal (IM) portable tanks under § 173.32c i) of the Hazardous Materials Regulations MR 49 C Parts 17-180). Specifically, you ask whether the filling density of no less than 80 percent by volume requirement applies to IM portable tank containers if the commodity is being transported in a non-flowable solid state. I apologize for the delay in responding and hope it has not caused you any inconvenience. The answer is no. Provisions of § 173.32c (i) were developed to cover liquid and flowable solid hazardous materials transported in IM portable tank packagings. This provision was : intended to minimize the risk of accidents resulting from slosh and the shift of the center of gravity. This Office has determined that a monolithic solid material which conforms to the tank geometry such that sloshing and the shifting of the center of gravity is not possible may be transported in an IMportable tank at a filling density of less than 80 percent by volume since such an action would not create an unsafe condition. In order to clarify this issue, Docket HM-166Y, Transportation of Hazardous Materials; Miscellaneous Amendments; Notice of Proposed Rulemaking, (62 FR 50222) published September 24, 1997, is proposing to revise § 173.32c (i) to allow monolithic solid materials to be loaded into IMportable tanks to a filling density of less than 80 percent by volume. I hope this answers your inquiry. If you need additional assistance, do not hesitate to contact us. Sincerely, Delmer F. Billings Chief, Regulations Development Office of Hazardous Materials Standards#

Page 2Pole, Ill. 113,3206) 351 S0: 396, Date: June 13, 1997 To: Office of Haz, Mat. Standards Ed Marzullo Fax: (202) 366-3753 From: Eurotainer USA, Inc. Terrence Noonan Phone: (1) 732-805-9330 FAx: (1) 732-805-0072 Pages: _1. Subject: 49 CER 173.3290) 173.32 C(j) Dear Mr. Mazzullo, We kladly request an interpretation of the above referenced rule with regards to the outage and filling limits. Specifically, does the filling density of no less than 80% by volume regulation apply to IMI portable tank containers if the commodity is being The favor of a written reply at your earliest convenience is requested. Sincerely Serene one Terrence Noonan Summerset, NT D8873 3/1 3078 Z400 S08 806#