MHF Logistical Solutions — Hazardous Materials Safety Interpretation

Page 1Washingion, D.C. 20590 400 Seventh Street, S.W. ipeline and Administration Hazardous Materials Safet JUL 5 2005 Mr. Kurt Colborn Reference No.: 05-0138 Director, Technical Services MHF Logistical Solutions 800 Cranberry Woods Drive, Suite 450 Cranberry Township, PA 16066 Dear Mr. Colborn: This is in response to your June 10, 2005 letter regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you seek concurrence requirements of § 173.410. that your Super Load WrapperIM (SL W) gondola lining syster meets the general design Based on the information you provided, it is our opinion that a gondola railcar with a SLW lining system would satisfy the general design requirements of § 173.410. In addition, the gondola railcar with the SLW lining system would also qualify as an IP-1 (Industrial packaging) in accordance with § 173.411(b). I trust this satisfies your request. Sincerely. Hothe I mithell Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 173.42766)4) 050138 173.410#

Page 2Betts 5173.4271614 $/B410 800 Cranberry Woods Drive, Suite 450, Cranberry Township, 160661724.772.9800724.772.9850/ www.mhis.com Mr. Edward Mazzullo Director of Hazmat Standards USDOT/RSPA DHM-10 Suite 8422 400 7" Street, SW Washington, DC 20590-3012 June 10, 2005 SUBJECT: Packaging Compliance, Follow-up Request to 04-0147 dated June 18, 2004 Dear Mr. Mazzullo, The purpose of this letter is to request additional clarification to the subject interpretation. In the subject interpretation, the DOT provided concurrence with our self-certification that a gondola rail car with the Super Load Wrapper (SLW) lining system met the general design requirements of 49 CFR 173.410. In our request, we included information to demonstrate the packaging's compliance with 49 CFR 173.24. We believe that this demonstrates compliance with the relevant portions of 49 CFR 173 Subparts A and B required by 49 CFR 173.410, and that the packaging system (SL W in gondola) therefore qualifies as an IP-1 packaging in accordance with 49 CFR 173.411(b). However, since we did not specifically request your concurrence with our assessment of packaging compliance with Subparts A and B, some users of the product have questioned whether compliance with 173.410 alone is sufficient to qualify the packaging as an IP-1. The original interpretation and request is attached for your information. Please confirm that the SLW in a gondola, satisfying the requirements of 173.410 and 173.24 as presented, qualifies as an IP-1 packaging in accordance with 173.411(b). - 1 -#

Page 3Please feel free to contact me at (724) 772-9800, ext. 5560 if you have any questions about this request. Thank you for your assistance. Respectfully submitted, MALL Kurt Colborn Director, Technical Services MHF Logistical Solutions - 2-#