Dinda & Associates, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Research and OCT 2 3 2003 Washington, D.C. 20590 Special Programs Administration Mr. John F. Dinda, JI. Reference No.: 03-0226 Dinda & Associates, Inc. 6190 Old Still Run Road Gainesville, GA 30506 Dear Mr. Dinda: This responds to your letter requesting clarification of the definition for "freight container" under intermediate bulk container (IBC) meets the definition of a freight container and if so, does the the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if an IBC meet the packaging requirements in Special Provision IP1. The answer is no. An IBC does not meet the definition of a freight container. An IBC is a rigid or flexible portable packaging designed for mechanical handling. IBC's are built to standards specified in 49 CFR Part 178. A freight container is "a reusable container having a volume of 64 cubic feet or more, designed and constructed to permit being lifted with its contents intact and intended primarily for containment of packages (in unit form) during transportation." Under the requirements of Special Provision IP1, the IBC must be packed in a closed freight container or a closed transport vehicle. The closed freight container or closed transport vehicle is intended to provide an additional means of containment for the material in the IBC. I trust this satisfies your inquiry. Sincerely, Hithe z. Michell Hattie L. Mitchell Office of Hazardous Materials Standards Chief, Regulatory Review and Reinvention 172.102 030226#

Page 209/15/2003 14:37 FAX 7708896040 DINDA ASSOC INC 401 Corbin Associa $172.102 /PI ssociates Incorporated Special Provision September 18, 2003 Mr. Edward T. Mazzullo, Director 03-02026 Office of Hazardous Materials Standards (DHM-10) Research and Special Programs Administration 400 Seventh Street, SW U.S. Department of Transportation Washington, DC 20590-0001 Dear Mr. Mazzullo: I am seeking clarification of the definition for freight container at §171.8 of 49 CFR as it relates to IP Code IP1 appearing in Table 3 at §172.102(b)(4). Column 7 of the Table at The IBC contains a crystalline or granular material which is toxic in Packing Group 1. $172.101 identifies IP1 as a special provision for the transport of the material in the IBC. IP1 reads as follows: IBCs must be packed in closed freight containers or a closed transport vehicle. The IBC is certified as "UN 11A/XP*/USA/+AA1773/0/2358.7." This IBC is a metal IBC of 110 cubic feet in volume. "Freight container means a reusable container having a volume of 64 cubic feet or more, primarily for containment of packages (in unit form) during transportation." designed and constructed to permit being lifted with its contents intact and intended in bulk meet also the definition for a freight container? Question 1: Does the IBC of 110 cubic feet containing a crystalline or granular material container, then is IP1 met without further packing requirements for the IBC? Question 2: If the answer to question 1 is that the IBC in this case is also a freight If you require additional information, I can be reached by telephone at 770-889-9492. Your earliest response would be most appreciated. President and Regulatory Compliance Associate 6190 Old Still Run Road, Gainesville, GA 30506 770-889-9492 phone 770-889-6040 fax#