MT Associates, L.L.C. — Hazardous Materials Safety Interpretation

Page 1U.S. Department 1200 New Jersey Avenue SE of Transportation Washington. DC 20590 Pipeline and Hazardous Materials Safety Administration MAR 1 5 2012 Mr. E. A. AItemos HMT Associates, L.L.c. 603 King Street Suite 300 Alexandria, VA 22314-3105 Reference No.: 12-0032 Dear Mr. Altemos: This is in response to your November 9, 2011 letter requesting confirmation, as the Competent Authority of the United States, for the purposes of implementation of the International Maritime Dangerous Goods (IMDG) Code, of your understanding of the meaning of the ternl "operational equipment" in the context of IMDG Code 6.9.3.1.2, and further that no competent authority approval of any operational equipment that may be employed to meet the requirements of that paragraph is necessary under the IMDG Code. Your understanding is correct. You note that 6.9.3.1.2 of the IMDG Code allows, as an alternative to purpose-designed and constructed non-pressurized containers for dry bulk conforming to ISO 1496-4:1991 (see 6.9.3.1.1), the use as a bulk container of a general purpose freight container conforming to ISO 1496-1:1990, when such freight container is equipped with operational equipment designed to strengthen the end walls and to improve the longitudinal restraint as necessary to comply with the test requirements of ISO 14964:1991, provided all other applicable requirements of 6.9.3 are satisfied. We concur with your understanding that the term "operational equipment" in the context of this provision includes additional structural members, and/or any other materials or means that may be installed that augment the end wall strength as necessary for the freight container with the operational equipment installed to comply with the end wall test requirements of ISO 1496-4:1991. Moreover, it is the responsibility of the person filling and offering the freight container for transport to ensure that this requirement, like all other#

Page 2requirements attached to the use of bulk containers for the transport of solid substances in bulk, is satisfied. Further in this connection, since the need for competent authority approval of such operational equipment is not specifically required under 6.9.3.1.2, no approval by this agency of the arrangement employed to satisfy the requirements of that paragraph is necessary. I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Delmer Billings Senior Regulatory Advisor Standards and Rulemaking Division#

Page 3~Qbieh gI11./~ HMT ASSOCIATES, L.L.C. :r:MDC:? 603 KING ST. Il-003A-.J SlHTE300 ALEXANHRfA, VA 22314-3\05 E..-\. ALTEMOS PATRICIA A. QlT~i\ 703-549-0727 FACSIM1LlE: 703-549-0727 WRrTERS DIRECT DIAL NlIMBER 703-549-0727, ext. 11 November 9, 2011 Mr. Shane Kelley International Standards (PHH-13) Pipeline and Hazardous Materials Safety Administration Department of Transportation 1200 New Jersey Avenue, SE East Building, 2nd Floor Washington, D.C. 20590-0001 Dear Mr. Kelley, This is to request your confirmation of my understanding of a provision in the IMDG Code relating to the structural standards for freight containers used as "bulk containers." Specifically, the issue relates to the proper interpretation of the term "operational equipment" as that term is u~ed in 6.9.3.1.2 ofthe IMDG Code. This paragraph allows, as an alternative to purpose-designed and constructed non-pressurized containers for dry bulk conforming to ISO 1496-4: 1991 (see 6.9.3.1.1), the use as a bulk container of a "standard" freight container conforming to ISO 1496-1: 1990 when such freight container is equipped with "operational equipment" designed to strengthen the end walls and to improve the longitudinal restraint as necessary to comply with the test requirements ofISO 1496-4:1991 - provided, naturally, that all other applicable requirements in 6.9.3 are satisfied. My understanding ofthe term "operational requirement" in the context of this provision is that the term includes, for example, additional structural members (such as metal bars) and/or other materials that may be installed within a standard freight container so as to augment the end wall strength as necessary for the freight container with operational equipment installed to be capable ofcomplying with the end wall test requirements in ISO 1496-4: 1991. Moreover, I understand that it is the responsibility of the person filling and offering the freight container for transport to ensure that this requirement, like all other requirements attaching to the use of bulk containers for the transport of solid substances in bulk, is satisfied for example in this particular case, by#

Page 4HM AS OCIATES, L.L.C. Mr. Shane Kelley November 9,2011 Page 2 engineering analysis to determine that the freight container with operational equipment installed is capable of complying with the end wall test requirements in ISO 1496-4:1991. Consequently, no approval of the operational equipment by the competent authority is required. Your confirmation of my correct understanding ofthe meaning of the term "operational equipment" in the context oflMDG Code 6.9.3.1.2, and that no competent authority approval of any operational equipment that may be employed to meet the requirements of this paragraph is necessary under the IMDG Code, will be most appreciated. Thank you for your consideration of this matter, and please do not hesitate to contact me if you have questions or require additional information in relation to this request. Sincerely, E. A. Altemos#