Interpretation Response #24-0108
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: LANXESS Corporation
Individual Name: Cyndi Fink
Location State: PA Country: US
View the Interpretation Document
Response text:
April 1, 2025
Cyndi Fink
Dangerous Goods Transportation Manager
LANXESS Corporation
111 RIDC Park West Drive
Pittsburgh, PA 15108
Reference No. 24-0108
Dear Ms. Fink:
This letter is in response to your November 8, 2024 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to United Nations (UN) specification portable tanks. You state that your company manufactures "UN1738, Benzyl chloride, 6.1 (8), PG II" and packages it in UN specification portable tanks, in accordance with portable tank instruction T8 assigned to UN1738 in Column (7) of the § 172.101 Hazardous Materials Table (HMT). Portable tank instruction T8 prohibits the use of bottom openings for portable tanks containing this material. You further add that you are looking to change the means to unload these portable tanks to allow unloading at ground level. Specifically, your company proposes to add a hard piped extension to the top unloading valve flange and internal dip tube and direct this extension along the outside of the portable tank cladding to a secondary unloading valve that can be operated from ground level during unloading. You ask whether this proposed change to the UN specification portable tank would be considered a "modification" as stated in § 178.273(e) and require approval of the modification by an approval agency.
Yes. It is the opinion of this Office that the installation of the proposed non-removable piping on an approved portable tank design would constitute a modification of an approved portable tank because the hard piped extension may affect conformance with HMR portable tank design requirements and the safe use of the portable tank. Thus, the portable tank with the proposed non-removable piping installed would be subject to the requirements in § 178.273(e).
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division
172.101, 178.273(e)