{"operation":"document","citation":"12-0032","title":"MT Associates, L.L.C. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-03-15","effective_on":null,"summary":"12-0032 response to MT Associates, L.L.C. concerning 171.12.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0032.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0032.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0032","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120032.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department 1200 New Jersey Avenue SE\nof Transportation Washington. DC 20590\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMAR 1 5 2012\nMr. E. A. AItemos\nHMT Associates, L.L.c.\n603 King Street\nSuite 300\nAlexandria, VA 22314-3105\nReference No.: 12-0032\nDear Mr. Altemos:\nThis is in response to your November 9, 2011 letter requesting confirmation, as the\nCompetent Authority of the United States, for the purposes of implementation of the\nInternational Maritime Dangerous Goods (IMDG) Code, of your understanding of the\nmeaning of the ternl \"operational equipment\" in the context of IMDG Code 6.9.3.1.2, and\nfurther that no competent authority approval of any operational equipment that may be\nemployed to meet the requirements of that paragraph is necessary under the IMDG Code.\nYour understanding is correct. You note that 6.9.3.1.2 of the IMDG Code allows, as an\nalternative to purpose-designed and constructed non-pressurized containers for dry bulk\nconforming to ISO 1496-4:1991 (see 6.9.3.1.1), the use as a bulk container of a general\npurpose freight container conforming to ISO 1496-1:1990, when such freight container is\nequipped with operational equipment designed to strengthen the end walls and to improve\nthe longitudinal restraint as necessary to comply with the test requirements of ISO 14964:1991,\nprovided all other applicable requirements of 6.9.3 are satisfied.\nWe concur with your understanding that the term \"operational equipment\" in the context of\nthis provision includes additional structural members, and/or any other materials or means\nthat may be installed that augment the end wall strength as necessary for the freight\ncontainer with the operational equipment installed to comply with the end wall test\nrequirements of ISO 1496-4:1991. Moreover, it is the responsibility of the person filling\nand offering the freight container for transport to ensure that this requirement, like all other\n\n<<<PAGE 2>>>\n\nrequirements attached to the use of bulk containers for the transport of solid substances in\nbulk, is satisfied. Further in this connection, since the need for competent authority\napproval of such operational equipment is not specifically required under 6.9.3.1.2, no\napproval by this agency of the arrangement employed to satisfy the requirements of that\nparagraph is necessary.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nDelmer Billings\nSenior Regulatory Advisor\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\n~Qbieh\ngI11./~\nHMT ASSOCIATES, L.L.C. :r:MDC:?\n603 KING ST. Il-003A-.J\nSlHTE300\nALEXANHRfA, VA 22314-3\\05\nE..-\\. ALTEMOS\nPATRICIA A. QlT~i\\\n703-549-0727\nFACSIM1LlE: 703-549-0727\nWRrTERS DIRECT DIAL NlIMBER\n703-549-0727, ext. 11\nNovember 9, 2011\nMr. Shane Kelley\nInternational Standards (PHH-13)\nPipeline and Hazardous Materials\nSafety Administration\nDepartment of Transportation\n1200 New Jersey Avenue, SE\nEast Building, 2nd Floor\nWashington, D.C. 20590-0001\nDear Mr. Kelley,\nThis is to request your confirmation of my understanding of a provision in the\nIMDG Code relating to the structural standards for freight containers used as \"bulk\ncontainers.\" Specifically, the issue relates to the proper interpretation of the term\n\"operational equipment\" as that term is u~ed in 6.9.3.1.2 ofthe IMDG Code. This\nparagraph allows, as an alternative to purpose-designed and constructed non-pressurized\ncontainers for dry bulk conforming to ISO 1496-4: 1991 (see 6.9.3.1.1), the use as a bulk\ncontainer of a \"standard\" freight container conforming to ISO 1496-1: 1990 when such\nfreight container is equipped with \"operational equipment\" designed to strengthen the\nend walls and to improve the longitudinal restraint as necessary to comply with the test\nrequirements ofISO 1496-4:1991 - provided, naturally, that all other applicable\nrequirements in 6.9.3 are satisfied.\nMy understanding ofthe term \"operational requirement\" in the context of this\nprovision is that the term includes, for example, additional structural members (such as\nmetal bars) and/or other materials that may be installed within a standard freight\ncontainer so as to augment the end wall strength as necessary for the freight container\nwith operational equipment installed to be capable ofcomplying with the end wall test\nrequirements in ISO 1496-4: 1991. Moreover, I understand that it is the responsibility of\nthe person filling and offering the freight container for transport to ensure that this\nrequirement, like all other requirements attaching to the use of bulk containers for the\ntransport of solid substances in bulk, is satisfied for example in this particular case, by\n\n<<<PAGE 4>>>\n\nHM AS OCIATES, L.L.C.\nMr. Shane Kelley\nNovember 9,2011\nPage 2\nengineering analysis to determine that the freight container with operational equipment\ninstalled is capable of complying with the end wall test requirements in ISO 1496-4:1991.\nConsequently, no approval of the operational equipment by the competent authority is\nrequired.\nYour confirmation of my correct understanding ofthe meaning of the term\n\"operational equipment\" in the context oflMDG Code 6.9.3.1.2, and that no competent\nauthority approval of any operational equipment that may be employed to meet the\nrequirements of this paragraph is necessary under the IMDG Code, will be most\nappreciated.\nThank you for your consideration of this matter, and please do not hesitate to\ncontact me if you have questions or require additional information in relation to this\nrequest.\nSincerely,\nE. A. Altemos","truncated":false,"body_characters":5541}