Interpretation Response #02-0161 ([WEW Westerwalder Eisenwerk GmbH] [Dr. Frank Cronacher and Mr. Helge TenzIer])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 04/08/2003

Company Name: WEW Westerwalder Eisenwerk GmbH

Individual Name: Dr. Frank Cronacher and Mr. Helge TenzIer

View the Interpretation Document

Response text:

Apr 8, 2003

Dr. Frank Cronacher and Mr. Helge TenzIer                 Reference No. 02-0161
WEW Westerwalder Eisenwerk GmbH
RingstraBe 65a
D-57586 Weitiefeld
Germany

Dear Dr. Cranacher & Mr. Tenzler:

This is in response to your letter concerning portable tank regulations under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  Specifically, you asked about specifications of IM 101, IM 102, DOT 51 and UN portable tank requirements in regards to the ASME code.  In your letter you asked three questions which are paraphrased and answered below:

Question 1: Does a DOT 51 portable tank have to be built according to the "lethal service" condition in the ASME code, even if the commodity in question allows an IM 101 portable tank?

Answer 1: No. It is possible that a material that meets the ASME condition of "lethal service" is allowed to be transported in several different types of specification packagings.

Question 2: Will all substances mentioned under 49 CFR § 178.273(b)(6) be considered "lethal" according to ASME and require 100% X-ray examination or is the lethal service condition only applicable for such tanks if advised by the user or designated agent according to ASME
UW-2(a)?

Answer 2: It is possible that some materials listed in § 178.273(b)(6) would be considered "lethal" according to the ASME.  The difficulty in matching definitions in the HMR with the ASME definition of "lethal" is due to the ASME using a narrative; broad description for their definition while the HMR specifies criteria the material must meet.  In addition, the HMR has a range of severity of hazards.  DOT cannot define "lethal" for the ASME.  It is the responsibility of the user, or their agent to determine what "lethal" is under ASME.  However, for purposes of compliance with the HMR, at a minimum, hazardous materials in Divisions 6.1, hazard zone A and B and Division 2.3 would require use of "lethal" service portable tanks.  As previously stated, the user, or their agent could also specify additional hazardous materials in other classes or divisions as "lethal."

Question 3: Can the approval agency request a statement concerning "lethal service" or can such an agency classify a commodity as lethal on its own?

Answer 3: As stated in the previous answer, it is the responsibility of the user, or their agent, to determine if a "lethal" service packaging is necessary.

I hope this satisfies your request.

Sincerely,

Delmer F. Billings
Chief, Standards Development
Office of Hazardous Standards

178.273

Regulation Sections