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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #08-0208 ([Baker Petrolite Corporation] [Mr. Aubrey R. Campbell])

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

Interpretation Response Details

Response Publish Date:

Company Name: Baker Petrolite Corporation

Individual Name: Mr. Aubrey R. Campbell

Location State: TX Country: US

View the Interpretation Document

Response text:

September 25, 2008






Mr. Aubrey R. Campbell

Senior Transportation Specialist

Baker Petrolite Corporation

12645 West Airport Blvd.

Sugar Land, TX  77478


Ref. No.:  08-0208


Dear Mr. Campbell:


This responds to your letter dated August 1, 2008, regarding requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the use of DOT 51 portable tanks.  Specifically, you ask if the provisions in § 171.14(d)(4) and § 173.32(c)(2) allow for DOT 51 portable tanks to be used after January 1, 2010. 


The January 1, 2010, transitional provision in § 171.14(d)(4) and grandfather provision in § 173.32(c)(2) were added under Docket HM-215D (66 FR 33316; June 21, 2001).  The changes made to § 171.14(d)(4) allow, until January 1, 2010, IM portable tanks to use the "T" Code special provisions listed in Column 7 of the Hazardous Materials Table (HMT; § 172.101) that were in effect on September 30, 2001.  The revisions to § 173.32(c)(2) clearly indicate that a DOT Specification 51, IM 101, or IM 102 portable tank may not be manufactured after January 1, 2003.  The revisions do not prohibit the use of DOT 51 portable tanks after January 1, 2010.  In accordance with § 172.102(a)(7), DOT 51 portable tanks are not subject to the "T" Code special provisions.  Therefore, properly requalified and maintained DOT 51 portable tanks that meet the design requirements in effect at the time of manufacture and applicable special provisions (e.g. Special Provision B30 for minimum thickness) may continue to be used after January 1, 2010 to transport authorized hazardous materials (see Column 8 of the HMT for information on authorized packagings). 


I hope this satisfies your inquiry.  If we can be of further assistance, please contact us.






Susan Gorsky

Acting Chief, Standards Development

Office of Hazardous Materials Standards


171.14(d)(4), 173.32(c)(2) & 172.101

Regulation Sections

Section Subject
172.101 Purpose and use of hazardous materials table