Wrangler Corporation — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh Street, S.W. Washington, D.C. 20590 Pipeline and Hazardous Materials Safety JUN 28 2005 Administration Mr. Russell Keith Engineering Ref. No.: 05-0112 Wrangler Corporation 68 First Flight Drive . P.O. Box 1970 Auburn, Maine 04211 Dear Mr. Keith: This is in response to your April 29, 2005 letter requesting further clarification of our letter to you dated November 9, 2004 concerning intermediate bulk containers (IBC) under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask about requirements for closure of the inner receptacle of a composite IBC. As we stated in our November 9, 2004 letter, as specified in § 178.707, a composite IBC is an IBC that consists of a rigid outer packaging and is designed to bear the entire stacking load. Based on the description of your packaging and subsequent assessment of a sample you submitted, your packaging does not meet the requirement for a rigid outer packaging. Therefore, your packaging may not be marked with the IBC code designation "11HH2," and the closure requirements of the inner receptacle of a composite IBC do not apply to your packaging. If you believe your packaging provides a level of safety equivalent to the United Nations (UN) 11HH2 specification, or another IBC specification, and can demonstrate this, you may wish to apply for an exemption for your packaging. I hope this information is helpful. Sincerely, Dise pro Susan Gorsky Acting Director Office of Hazardous Materials Standards#

Page 2WRANGLER CORPORATION 65 First Flight Drive P.O. Box #1970 Tele: 207-777-3100 Fax: 207-777-317 Auburn, Maine 0421: www.wranglerzone.com June 22, 2004 Department of Transportation 400 7* Street Research and Special Projects Room 8422 Attn: Glenn Foster - South West Washington DC 20590 Subject: Composite container cross section sample Dear Mr. Foster The enclosed sample is a typical cross section for the Cowboy container currently under consideration. The sample is representative of two of the top edges of the container. The remaining two sides are extended to make the closure flaps of the container. If there are any questions after reviewing the sample please do not hesitate to contact me. Thank you for your consideration in this matter. Sincerely, Russell Keit Engineering Wrangler Corporation Email: rkeith@wranglerzone.com Tele: 207-777-3100 (x244) Fax: 207-777-3178#

Page 3Supko NG: $178.707 WRANGLER CORPORATION 65 First Flight Drive P.O. Box #1970 05-0112 ele: 207-777-3100 Fax: 207-777-317 luburn, Maine 0421 ORPORAT www.wranglerzone.com April 29, 2005 To: Mr. Edward T. Mazzullo Director, Office of Hazardous Materials Standards U.S. DOT/RSPA (DHM-10) 400 7* Street SW, Washington, DC 20590-0001 -- - : Subject: Reference Number 04-0024: Interpretation of Inner Receptacle Closure Style of a Composite IBC for solids Dear Mr. Director: Thank you for your letter dated November 9, 2004. This letter is to address your response and the conclusions you stated in your letter. Because of your response, it is apparent that we were not clear on our original request. We were not looking for a designation on the marking but for a clarification on the inner receptacle closure style of a "Composite IBC" that has an 11HH2 marking. Your analysis and response was based on a "Rigid Plastic IBC" and not a Composite The markings for a "Rigid Plastic IBC" §178.706 would be 11H1, 11H2, 21H2, 31H1or 31H2. The 11HH2 marking would not be appropriate for a "Rigid Plastic IBC. The "11HH2 marking" identifies the IBC as a "Composite" and not a "Rigid Plastic IBC". The marking for a Composite Package designed for solids, discharged by gravity containing a flexible plastic inner receptacle is 11HZ2 (§178.707(a)(2). As instructed in §178.707(a) the "Z" is to be replaced by a capital letter, which will represent the material, used for the outer packaging. In §178.702(a) (2) specifies the capital letter "H" means plastic. The designation is reached by replacing the "Z" with an "H" for the 11HH2 marking. Our packaging is a Composite IBC and we currently we have clarification on the 11HH2 marking.#

Page 4Again, the intention of the original letter was to gain clarification on the closure style of the inner receptacle. On the specification sheet provided in the original letter, the inner receptacle does not close off but terminates at the top of the unit. The two cover flaps of the outer receptacle provide closure to the entire packaging. The language in the regulation is ambiguous on whether a closure is needed on the inner receptacle. The regulations do not call for a specific type of closure on the inner receptacle or even if a closure is required. Our question is does an inner receptacle of a Composite IBC designed for solids, loaded or discharged by gravity need its own closure if the outer receptacle otherwise provides closure to the IBC as a whole? • - -- - - - - - - --.- Sincerely, Bene fero Russell Keith Engineering Wrangler Corporation Email: rkeith@wranglerzone.com _... - - -—--#