Interpretation Response #23-0062

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

Interpretation Response Details

Response Publish Date: 05/31/2024

Company Name: W. R. Grace & Co.

Individual Name: Paul Errichetti

Location State: MD Country: US

View the Interpretation Document

Response text:

May 31, 2024

Mr. Paul Errichetti
Sr. Mgr., Fleet and Dangerous Goods
W. R. Grace & Co.
7500 Grace Drive
Columbia, MD  21044

Reference No. 23-0062

Dear Mr. Errichetti:

This letter is in response to your July 5, 2023, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the shipment of portable tanks. In your letter, you state that you transport "UN1838, Titanium tetrachloride, 6.1, (8), PG I" and "UN3390, Toxic by inhalation liquid, corrosive, n.o.s., 6.1, (8), PG I" in portable tanks subject to Special Provisions (SPs) TP13 and TP38 in § 172.102(c)(8). Lastly, you state that it is your understanding that SP TP13 requires a self-contained breathing apparatus be provided for transportation by sea, while SP TP38 requires the portable tanks to be insulated.

We have paraphrased and answered your questions as follows:

Q1. You ask whether SP TP13 requires a self-contained breathing apparatus be provided to the carrier when transporting the portable tanks containing the materials described in your letter from an inland location to the seaport.

A1. As stated in SP TP13, a self-contained breathing apparatus must be provided when these materials are transported in portable tanks and shipped by sea (i.e., vessel). If any leg of the trip is by vessel, the self-contained breathing apparatus must be provided.

Q2. You ask whether a shipper is responsible for providing the required self-contained breathing apparatus to a steamship line for vessel transportation in order to satisfy the requirements under SP TP13.

A2. The answer is yes. SP TP13 states that "a self-contained breathing apparatus must be provided when this hazardous material is transported by sea." Therefore, the shipper must meet the obligation to provide the self-contained breathing apparatus unless that responsibility is contractually obligated to another entity (i.e., a third-party is legally responsible to perform that function under contract).

Q3. You ask whether a portable tank in service under SP TP38 must have the insulation in place when the portable tank is tested and inspected.

A3. It is the opinion of this Office that a portable tank must have insulation in place, as required by § 178.274, when performing the initial inspection and test and/or to meet marking requirements. However, the insulation must be removed in accordance with applicable testing and inspection requirements provided in part 180 of the HMR.

I hope this information is helpful. Please contact us if we can be of further assistance.

Sincerely,

Steven Andrews
Acting Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

172.102(c)(8), 178.274

Regulation Sections