Interpretation Response #16-0162 ([Roe Transportation Enterprise] [Mr. Rick Burkhead])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Roe Transportation Enterprise
Individual Name: Mr. Rick Burkhead
Location State: OH Country: US
View the Interpretation Document
Response text:
January 09, 2017
Mr. Rick Burkhead
Roe Transportation Enterprises
3680 W. Michigan Ave.
Sidney, OH 45365
Reference No. 16-0162
Dear Mr. Burkhead:
This letter is in response to your October 3, 2016, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of “spent bentonite” (spent bleaching earth). Specifically, you seek guidance regarding special provisions B116 and B130 and if they apply to transporting “spent bentonite.”
We have paraphrased and answered your questions as follows:
Q1. You ask what the HMR requirements are for transporting “spent bentonite” and if a special permit is required.
A1. A special permit is not necessary to transport “spent bentonite” when classified as a hazardous material. It is the understanding of this Office that this material may be classified as a Division 4.2 (Spontaneously Combustible Material) and described as “UN3088, Self-heating solid, organic, n.o.s., 4.2.” All requirements for packaging and communicating the hazards of this material are based on this classification and description.
Q2. You ask how special provisions B116 and B130 apply.
A2. Special provisions B116 and B130 are assigned to “UN3088” material in Packing Group III. Specifically, B116 authorizes the use of non-specification packaging for “spent bleaching earth” and B130 excepts “diatomaceous earth filter” material from being fully subject to the HMR under certain conditions. Although the latter
material is similar to “spent bleaching earth” and they may be classified and described using the same hazardous material description, special provision B130 only applies to “diatomaceous earth filter” material. In order to be excepted from the HMR similar to special provision B130 or in the same manner as DOT-SP 12134 (as referenced in your email), a special permit would be necessary.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division