Interpretation Response #25-0124
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: The Whitaker Company
Individual Name: Mr. Johnny Johnson
Location State: GA Country: US
View the Interpretation Document
Response text:
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 [AP1]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
173.241