Interpretation Response #24-0016
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Owen 1683, LLC
Individual Name: Craig Owen
Location State: MD Country: US
View the Interpretation Document
Response text:
June 3, 2024
Craig Owen, CHMM
Transportation Compliance Services
Owen 1683, LLC
8310 Elko Drive
Ellicott City, MD 21043
Reference No. 24-0016
Dear Mr. Owen:
This letter is in response to your March 7, 2024, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the use of certain special permit (SP) packagings to transport corrosive liquids. Specifically, you ask whether packagings authorized in DOT-SP 10878 and DOT-SP 12516 are eligible for use of the exception in § 173.154(d), which states that a material classed as a Class 8, Packing Group III—solely because of its corrosive effect on steel or aluminum—is excepted from the HMR when transported by motor vehicle or rail car in a packaging constructed of materials that will not react dangerously with or be degraded by the corrosive material.
The answer is yes. There is no restriction on the use of SP packagings (e.g., DOT-SP 10878 and DOT-SP 12516) for transport of hazardous material in accordance with the § 173.154(d) exception, unless such eligibility is specified as a condition of the SP. Therefore, if you have determined that these SP packagings meet the compatibility criteria, use of the exception in § 173.154 is permitted provided the material is not a hazardous substance, a hazardous waste, or a marine pollutant.
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
173.154, 173.154(d)
Regulation Sections
| Section | Subject |
|---|---|
| 173.154 | Exceptions for Class 8 (corrosive materials) |