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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 #12-0168 ([WR Grace] [Mr. Norm Stollberg])

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

Interpretation Response Details

Response Publish Date:

Company Name: WR Grace

Individual Name: Mr. Norm Stollberg

Location State: MD Country: US

View the Interpretation Document

Response text:

December 13, 2012

Mr. Norm Stollberg
WR Grace
7500 Grace Drive
Columbia, MD 21044

Ref. No. 12-0168

Dear Mr. Stollberg:

This responds to your letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the use of portable tanks.  You ask whether a substance, under the description "UN3396, Organometallic substance, solid, water-reactive, flammable, 4.3, I" may be offered for transportation and transported in a Department of Transportation (DOT) Specification 51 portable tank without having to apply for a special permit.

The answer is yes.  As prescribed in § 173.242(c), a DOT Specification 51 portable tank is authorized for the solid substance you intend to package.  Additionally, § 173.32(c)(2) authorizes the continued use of a DOT Specification 51 portable tank provided it is maintained and requalified in accordance with the inspection and tests prescribed in Subpart G of Part 180 of the HMR.  Further, it is the portable tank owner's responsibility to ensure that compliance, maintenance, and requalification of the portable tank is in accordance with the HMR prior to offering it for transportation in commerce.

I trust this satisfies your inquiry.  Please contact us if we can be of further assistance.


T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

173.242(c), 173.32

Regulation Sections

Section Subject
173.242 Bulk packagings for certain medium hazard liquids and solids, including solids with dual hazards
173.32 Requirements for the use of portable tanks