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Interpretation Response #08-0272 ([DuPont Company] [Mr. Randolph Martin])

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

Interpretation Response Details

Response Publish Date:

Company Name: DuPont Company

Individual Name: Mr. Randolph Martin

Location State: DE Country: US

View the Interpretation Document

Response text:

January 7, 2009



Mr. Randolph Martin

DuPont Company

4417 Lancaster Pike

BMP 22/222

Wilmington, DE 19805

Ref. No.: 08-0272

Dear Mr. Martin:

This responds to your letter dated October 29, 2008, regarding requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the use of portable tanks. Specifically, you ask for clarification of the provisions in § 171.14(d)(4) and § 173.32(c)(2) that allow for IM, IMO, and DOT 51 portable tanks to be used after January 1, 2010. You indicate that confusion regarding the wording used in

§ 171.14(d)(4) and two seemingly contradictory letters of interpretation (Ref. Numbers: 05-0072 and 08-0208) have prompted your inquiry.

You make a valid point that § 171.14(d)(4) and a previous letter of interpretation, Ref. No. 05-0072, can be understood to imply that Specification DOT 51 portable tanks and IMO portable tanks are subject to the "T" code special provisions . We regret the confusion.

As previously stated in a letter of interpretation, Ref. No. 08-0208, 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. IM portable tanks may continue to be used after January 1, 2010 for the transportation of a hazardous material provided they meet the requirements of the HMR, including the specification requirements for the transportation of the particular hazardous material according to the "T" codes in effect at the time of use and provided the portable tanks conform to the periodic inspection and tests specified for the particular portable tank in subpart G of part 180 of the HMR.

The revisions do not prohibit the use of DOT 51 or IMO portable tanks. Further, in accordance with § 172.102(c)(7)(i), DOT 51 and IMO portable tanks are generally not subject to the "T" Code special provisions. However, as stated in § 173.32(b)(2), where a Specification IM101 or IM102 portable tank is prescribed, a UN portable tank or Specification 51 portable tank conforming to the special commodity requirements of § 172.102(c)(7) for the material to be transported may be used. Therefore, properly requalified and maintained DOT 51 or IMO 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).

A copy of PHMSA letter of clarification Ref. No. 08-0208 is enclosed.

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


Charles E. Betts

Chief, Standards Development

Office of Hazardous Materials Standards

171.14, 172.102

Regulation Sections

Section Subject
173.32 Requirements for the use of portable tanks