Interpretation Response #10-0266 ([Maxum West] [Mr. Brian Biancavilla])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Maxum West
Individual Name: Mr. Brian Biancavilla
Location State: AZ Country: US
View the Interpretation Document
Response text:
March 1, 2011
Mr. Brian Biancavilla
Regional Director, Maxum West
2640 North 31st St.
Phoenix, AZ 85009
Reference No.: 10-0266
Dear Mr. Biancavilla:
This responds to your letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of new, finished lubricating oils such as motor oil and transmission fluid, in intermediate bulk containers (IBCs). Specifically, you ask if, assuming the oils do not meet the definition of a hazardous material under the HMR, do the requirements for the qualification of IBCs specified in § 180.351 apply to the containers transporting these lubricating oil products. You also ask whether a carrier can be cited by commercial vehicle enforcement officers for failure to test or re-test the IBCs as stipulated in the requirements for the retest and inspection of IBCs specified in § 180.352.
Provided the materials in your hydraulic oils do not meet the definition of a hazardous material, as defined in the HMR (see § 171.8), the IBC transporting finished lubricating oils you describe are not subject to the requirements of the HMR, including § 180.351. However, as required by § 173.35, when an IBC is identified as a UN specification container by its specification plate, it must meet the specification and be retested in accordance with Part 180, Subpart D regardless of whether the material is hazardous or not. We recommend covering the specification plate if the IBC is not in hazardous materials service.
I hope this satisfies your inquiry. Please contact us if we can be of further assistance.
Sincerely,
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
180.352, 173.35