Interpretation Response #08-0093 ([Woodard & Curran] [Ms. Kelly V. Camp])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Woodard & Curran
Individual Name: Ms. Kelly V. Camp
Location State: RI Country: US
View the Interpretation Document
Response text:
May 13, 2008
Ms. Kelly V. Camp CHMM
Senior Project Manger
Suite 100
95 Cedar Street
Providence, RI 02903
Ref. No.: 08-0093
Dear Ms. Camp:
This is in response to your March 25, 2008 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) regarding a water pump system tank containing limited quantities of compressed gases. Your questions are paraphrased and answered below.
Q1: Section 173.306(g) specifies that "shipments are not subject to subpart F of this subchapter." Is the "subpart F" that is specified in this provision, Subpart F of Part 172?
A1. Yes. Also we will correct this oversight in a future rulemaking.
Q2: Section 173.306 is titled as "Limited Quantities of Compressed Gases." Is a water pump system tank that meets the packaging provisions in § 173.306(g) required to comply with all of the applicable limited quantity provisions such as § 172.203(b), which requires the addition of text to specify the described material as a limited quantity on the shipping paper, and § 172.315, which allows the use of the identification number instead of the proper shipping name to be marked on the packaging?
A2. Yes.
Q3. If a water pump system tank transported in accordance with § 173.306(g) has a special permit that allows for certain exceptions (e.g., a 24-inch diameter limit is expanded to a 26-inch diameter limit), do the rest of provisions such as the placarding exceptions still apply despite not being mentioned in the special permit?
A3. Yes. Unless the exception is specifically forbidden from use in the special permit, the exception would still be applicable.
Q4: Would the water pump system tank specified in Q3 be subject to both the applicable special permit provisions (e.g., §§ 172.203(a) and 172.301(c)) and the limited quantity
provisions (e.g., §§ 172.203(b) and 172.315(b))?
A4: Yes.
I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
172.203 173.306(g)