Interpretation Response #98-0409 ([Vessels Limited] [Mr. Martin Laverty])

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

Interpretation Response Details

Response Publish Date: 05/14/1998

Company Name: Vessels Limited

Individual Name: Mr. Martin Laverty

Country: IE

View the Interpretation Document

Response text:

MAY 14, 1998

Mr. Martin Laverty
Containers and Pressure
Vessels Limited
Clones Co. Managhan IRELAND

Dear Mr. Laverty:

This is in response to your letter asking whether "Hexachlorocyclopentadiene, II a material poisonous by inhalation, may-be shipped in an 1M 101 portable tank that complies with special.provisions T38, T43, and T45, from Europe to the United States by vessel in accordance with the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).

The answer is yes. When a hazardous material, subject to the requirements of the IMDG Code, is a material "poisonous by inhalation," it must be packaged in accordance with the requirements of the HMR (see 49 CFR 171.12(b)(8)). As prescribed in special provisions 1IT43Jl and "T45," "Hexachlorooyclopentadiene, 6.1, UN 2646, I" may be shipped from Europe to the United States by vessel in an 1M 101 portable tank, as prescribed in the "1M Tank Configurations Table" in 49 CFR 172.102 (c)(7)(i).

Under the HMR, with certain exceptions, if all or part of the transportation is by vessel, a hazardous material which is classed, packaged, marked, labeled, placarded and described in accordance with the requirements of the International Maritime Dangerous Goods Code (lMDG Code) may be offered and accepted and transported in the United States (see 49 CFR 171. 12(b)). Section 13 of the General Introduction of the IMDG Code authorizes a Type I portable tank for Hexachlorocyclopentadiene. However, that tank may not be used within the United States since 49 CFR 171.12(b)(5) states "Except for packagings conforming to the requirements of Section 26 (Intermediate Bulk Containers) of the IMDG Code, bulk. packagings must conform to the requirements of the HMR." As a practical consideration, an 1M 101 portable tank may also have to be dual marked as an IMO Type 1 portable tank in order to satisfy other competent authorities or the vessel carrier.

For your information, a DOT Specification 51 portable tank is also authorized for transportation of Hexachlorocyclopentadiene by the HMR. As with the 1M 101 tank, a DOT Specification 51 portable tank may also need to be dual marked in order to satisfy requirements of other authorities.

I hope this information is helpful. If we can be of further assistance, please contact us.

Sincerely,

Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials Standards

172.102

Regulation Sections