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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 #15-0063 ([Howard Sheppard, Inc.] [Mr. Michael Kitchens])

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

Interpretation Response Details

Response Publish Date:

Company Name: Howard Sheppard, Inc.

Individual Name: Mr. Michael Kitchens

Location State: GA Country: US

View the Interpretation Document

Response text:

February 11, 2016

Mr. Michael Kitchens
Howard Sheppard, Inc.
P.O. Box 797
Sandersville, GA 31082

Reference No. 15-0063

Dear Mr. Kitchens:

This is a response to your March 27, 2015 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) with regard to the closures of packagings. Specifically, you request clarification whether loading and unloading equipment (i.e. the hose and hose tray) that is unattached to a DOT specification cargo tank is considered a packaging and thus required to meet the closure requirements in § 173.24(f)(1). In your letter, you state that during a commercial motor vehicle inspection you were issued a violation due to material leaking from a hose, which is used to load and unload product, into a hose tray used to store the hose on the vehicle. In this scenario, the vehicle was a DOT Specification 407 cargo tank transporting "UN1830, Sulfuric Acid."

It is the opinion of this Office that the unattached hose used for loading and unloading of hazardous materials and the hose tray used to hold that hose during transportation are not considered a packaging. As defined in § 171.8, a packaging means a receptacle and any other components or materials necessary for the receptacle to perform its containment function in conformance with the minimum packing requirements of the HMR. Therefore, this equipment is not subject to the packaging closure requirements in § 173.24(f)(1).

I hope this information is helpful. If you have any more questions, please do not hesitate to contact this office.



Dirk Der Kinderen
Chief, Standards Development
Standards and Rulemaking Division

173.24(f)(1), 171.8

Regulation Sections

Section Subject
171.8 Definitions and abbreviations
173.24 General requirements for packagings and packages