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Interpretation Response #14-0061


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

Interpretation Response Details

Response Publish Date: 05-28-2014
Company Name: Practical Engineering Solutions, LLC    Individual Name: Mr. Clayton George
Location state: LA    Country: US

View the Interpretation Document


Response text:

May 28, 2014

Mr. Clayton George
Practical Engineering Solutions, LLC
P.O. Box 51564
Lafayette, LA 70503


Ref. No. 14-0061

Dear Mr. George:

This responds to your initial March 26, 2014 email, and follow up email communications with a member of my staff  requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) regarding the packaging requirements for bulk quantities of combustible liquids, known as drill cuttings , by vessel and motor vehicle.  Your questions are paraphrased and answered as follows:

Q1.  What are the requirements in the HMR for manufacturing a non-specification portable tank designed to transport drill cuttings that meet the definition of a combustible liquid by both vessel and motor vehicle?

A1.  All bulk packagings (both specification and non-specification) are subject to the requirements of part 173, subparts A and B, including the general packaging requirements in § 173.24 and the additional general requirements for bulk packagings in § 173.24b.  Section 173.241 provides the requirements for bulk packagings for certain low hazard liquid and solid materials including combustible liquids.  Further, § 173.241(c) authorizes the use of non-specification portable tanks for certain low hazard liquid and solid materials including combustible liquids.  The requirements of § 173.241(c) apply to transporting combustible liquids by all modes and refers to § 176.340 for the transportation of combustible liquids by vessel.  Section 176.340(b) sets forth the conditions under which non-specification portable tanks are authorized for vessel transport, and requires that each non-specification portable tank must conform to the specifications of a DOT 57 portable tank, with certain conditions and exceptions that are detailed  in § 176.340(b)(1) through § 176.340(b)(10).  

Q2.  May I design a packaging for transporting drill cuttings that meet the definition of a combustible liquid according to the specifications of DOT 57?

A2. The answer is yes.  As set forth in § 176.340(b) a non-specification portable tank built to the DOT specification 57 portable tank standard  that also meets the conditions and exceptions provided in § 176.340(b)(1) through § 176.340(b)(10) is authorized for the shipment of combustible liquids by vessel.  Further § 173.241(c) would authorize this type of packaging for the shipment of combustible liquids by all modes.  The specifications for DOT specification 57 portable tanks were removed from the HMR in final rule Docket HM-181E (59 FR 38040), effective July 26, 1994.  However, DOT specification 57 portable tanks may be used if either requalified per § 178.605, provided they are represented as a non-specification portable tank, or if their specification plates or markings are covered.  

Q3.  Are the manufacturing requirements for non-specification portable tanks for transporting drill cuttings provided in § 176.340(b)?

A3.  The requirements for non-specification portable tanks for transportation of combustible liquid by vessel are provided in § 176.340(b).  Section 176.340(b)(1)  states that portable tanks must conform to a DOT specification 57 portable tank, with conditions and exceptions that are set forth in § 176.340(b)(2) through § 176.340(b)(10).  The requirements for DOT Specification 57 portable tanks are found in the HMR published before October 1, 1995.  

I hope this information is helpful.  If you have further questions, please contact this office.

Sincerely,

Robert Benedict
Chief, Standards Development Branch
Standards and Rulemaking Division

173.24, 173.24b, 173.241, 176.340


Regulation Sections

Section Subject
§ 176.340 Combustible liquids in portable tanks