Interpretation Response #18-0140

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

Interpretation Response Details

Response Publish Date: 03/01/2019

Company Name: Thatcher Company

Individual Name: Brent Olsen

Location State: UT Country: US

View the Interpretation Document

Response text:

March 01, 2019

Brent Olsen
Senior Safety Advisor           
Thatcher Company       
1905 Fortune Road
Salt Lake City, UT  84104

Reference No. 18-0140

Dear Mr. Olsen:

This letter is in response to your November 5, 2018, letter and subsequent phone conversations requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of Class 8 corrosive material via highway.  Specifically, you seek clarification of Special Provision (SP) 386 and § 173.154(b)(2) limited quantity exceptions for Class 8 corrosives.  

We have paraphrased and answered your questions as follows:

Q1. You ask if a sister company that primarily serves your own company—but occasionally transports hazardous materials for other manufacturers—would be considered a “private motor carrier” for the purposes of SP 386.  

A1. The answer is no.  Although the HMR do not specifically define “private motor carrier,” this Office has interpreted this term to mean a carrier that transports a business’s own products and does not provide such transportation service to other businesses.  Based on the information you provided, we do not consider the sister company to be a “private motor carrier.”  (See Letter of Interpretation Ref. No. 13-0068 for additional clarification on this subject.)

Q2. You ask if SP 386 provides any allowances to ship the authorized Class 8 corrosive liquids in bottles that weigh less than 140 grams. 

A2. The answer is no.  SP 386 requires that authorized corrosive liquids be placed in bottles that weigh no less than 140 grams when empty and have a minimum thickness of not less than 0.020 inch (0.508 mm).

Q3. You ask if “UN1791, Hypochlorite solutions, 8, Packing Group (PG) III,” may be shipped in 1 gallon bottles lighter than 140 grams packaged in high-density polyethylene crates.
 
A3. The answer is yes.  In accordance with § 173.154(b), Class 8, PG III corrosive materials are excepted from specification packaging when packaged in a combination packaging that meets packaging limits in § 173.154(b)(2).  Paragraph (b)(2) places no minimum weight restrictions on the inner packagings.

Q4. You ask if the limited quantity exceptions in § 173.154(b)(2) allow you to ship “UN1791, Hypochlorite solutions, 8, PG III,” in 1-gallon bottles lighter than 140 grams in non specification fiberboard boxes.
 
A4. The answer is yes.  See A3.

I hope this information is helpful.  Please contact us if we can be of further assistance.

Sincerely,

Dirk Der Kinderen
Chief, Standards Development
Standards and Rulemaking Division

173.154(b)(2), 173.154(b)

Regulation Sections