gh Package & Product Testing and Company — Hazardous Materials Safety Interpretation

Page 11200 New Jersey Avenue, SE Washington, D.C. 20590 Materials Sa Hazardous Administration OCT 18 2007 President and Technical Director Mr. H. Perry Hock Ref. No.: 07-0159 4090 Thunderbird Lane gh Package & Product Testing and Company Fairfield, OH 45014 Dear Mr. Hock: This is in response to your letter dated May 31, 2007 and subsequent telephone conversation with Ben Supko of my staff in regard to the IBC testing provided by the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask for clarification of the term "filled," as used in § 178.819(b)(1). In preparation for the vibration test, § 178.819(b)(1) requires an IBC to be filled and closed as for shipment. The term "filled" represents the maximum permissible gross mass of the package - that is, an IBC marked with a 500 kg maximum gross mass must weigh 500 kg "filled" package applies even if the end user plans to offer the package for transportation when subjected to the test. The requirement for performance of the vibration test on a below its maximum permissible gross mass. I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, Edwand 7. Morguello Edward T. Mazzullo Director Office of Hazardous Materials Standards 178.819(6)(0 070159#

Page 2gh Package gh & Product ISO17025 accredited at to or did ane Pax 5151870-0-084 airfeld. OH 45014 Testing and Consulting, Inc. 335 W. Melinda Lane Phoenix. AZ 85027 Phone (623) 869-8008 Fax (623) 869-8003 May 31.2007 Supko To: Director, Office of Hazardous Materials Standards Mr. Edward T. Mazzullo $178.810 1200 New Jersey Ave. S.W. U.S. DOT/RSPA (DHM-10) $178.819 Washington. DC 20590-0001 lestine 17-015° From: Mr. H. Perry Hock gh Package & Product Testing and Company President and Technical Director 4090 Thunderbird Lane Fairfield, OH 45014 Subject: Filling requirements of intermediate bulk packagings pursuant to CFR 49. $178.810, 8178.819 Dear Mr. Mazzullo, I am in need of a clarification on the regulations pertaining to the filling requirements for rigid IBC's in §178.810 and $178.819. In 178.810. the requirement is to 98% capacity for liquids and 95% capacity for solids. Is the reference to capacity the gross capacity of the IBC? If not, please explain. In 178.819, the requirement is to fill and close [the IBC] as for shipment. Would this imply to test the IBC at 100% net capacity? If not, to what capacity should the IBC be vibration tested? I look forward to your prompt response. If you have any further questions, please do not hesitate to call me at 513.870.0080 x 103. Yours Truly, H. Perry Hock President and Technical Director gh Package & Product Testing and Consulting. Inc.#