Interpretation Response #98-0521 ([Eurotainer USA, Inc.] [Mr. Terrence Noonan])

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

Interpretation Response Details

Response Publish Date: 01/15/1998

Company Name: Eurotainer USA, Inc.

Individual Name: Mr. Terrence Noonan

Location State: NJ Country: US

View the Interpretation Document

Response text:

Jan 15, 1998

Mr. Terrence Noonan
Eurotainer USA, Inc.
580 Howard Avenue
Summerset, NJ 08873

Dear Mr. Noonan:

This is in response to your letter requesting clarification on outage and filling limits for intermodal (1M) portable tanks under § 173.32c G) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether the filling density of no less than 80 percent by volume requirement applies to 1M portable tank containers if the commodity is being transported in a non-flowable solid state. I apologize for the delay in responding and hope it has not caused you any inconvenience.

The answer is no. Provisions of § 173.32c G) were developed to cover liquid and flowable solid hazardous materials transported in 1M portable tank packagings. This provision was intended to minimize the risk of accidents resulting from slosh and the shift of the center of gravity. This Office has determined that a monolithic solid material which conforms to the tank geometry such that sloshing and the shifting of the center of gravity is not possible may be transported in an 1M portable tank at a filling density of less than 80 percent by volume since such an action would not create an unsafe condition. In order to clarify this issue, Docket HM-166Y,'7ransportation of Hazardous Materials; Miscellaneous Amendments; Notice of Proposed Rulemaking, (62 FR 50222) published September 24, 1997, is proposing to revise § 173.32c G) to allow monolithic solid materials to be loaded into 1M portable tanks to a filling density of less than 80 percent by volume.

I hope this answers your inquiry. If you need additional assistance, do not hesitate to contact us.

Sincerely,

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

Regulation Sections