Interpretation Response #05-0209 ([ExxonMobil Chemical Company] [Mr. Ronald J. Stokes])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: ExxonMobil Chemical Company
Individual Name: Mr. Ronald J. Stokes
Location State: NJ Country: US
View the Interpretation Document
Response text:
Dec 1, 2005
Mr. Ronald J. Stokes Reference No. 05-0209
ExxonMobil Chemical Company
P. 0. Box 3140
Edison, NJ 08818
Dear Mr. Stokes:
This responds to your letter requesting clarification of the notification requirements in § 178.2 of the Hazardous Materials Regulations (HMR; 49 CFR Part 171-180). Specifically, you ask if the notification requirements apply to bulk packagings such as rail tank cars, cargo tanks, portable tanks and containers.
The notification requirements in § 178.2 apply to non-bulk packages and intermediate bulk containers (see § 178.801(b)). Paragraph (c) excepts cargo tanks as specifically provided in § 178.337-18 and 178.345-15. The current reference to § 178.345-10 in paragraph (c) is in error and should read § 178.345-15. Also, the reference to MC-338 cargo tank certification in § 178.338-19 is missing. We plan to correct both errors in a future rulemaking. Instead of the § 178.2 notification requirements, the cargo tank specifications arid the DOT UN and IM portable tank specifications require tank manufacturers to furnish a copy of the manufacturer’s data report to the purchaser. Rail tank cars are not subject to the requirements in Part 178 but tank car manufacturers are required by § 179.1(f) to inform each person to whom the tank is transferred of any specification requirements that have not been met.
I trust this satisfies your inquiry.
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Safety
178.2(c)