TEN-E Packaging Services, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 1200 New Jersey Avenue, SE Pipeline and Hazardous Administration Materials Safety JUL 1 2 2016 Mr. Robert TenEyck TEN-E Packaging Services, Inc. 1666 County Road 74 Newport, MN 55055 Ref. No.: 16-0032 Dear Mr. TenEyck: This responds to your February 23, 2016 request for clarification on whether a citation in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) acts as a Competent Authority Approval (CAA). According to your inquiry, your client wants to ship a 29% concentration of "UN2672, Ammonia solution, Class 8, PG III" in composite Intermediate Bulk Containers (IBCs) by international vessel. The subject packaging is authorized under the HMR by Special provision IB3. Special packaging provision B11 of the International Maritime Dangerous Goods (IMDG) Code restricts the concentration of ammonia solutions in composite IBCs to not more than 25%. You ask if the definition of CAA in § 105.5 of Part 105 authorizes shipment of the 29% concentration of ammonia solution in composite IBCs for international shipments. The answer is yes. The HMR authorize the use of composite IBCs for UN2672 without a 25% concentration limit provided the packaging requirements in § 173.241(d) and Special provision IP& are satisfied. The definition for CAA in § 105.5 states that a specific regulation in subchapter A or C of the HMR may be considered a competent authority approval if it satisfies the requirement of an international standard (see Chapter 4.1.3.7 of the IMDG Code). Therefore, the authorization under the HMR for the composite IBC in your scenario serves as a U.S. competent authority approval. I trust this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, Dianed PAl Duane A. Pfund International Standards Coordinator Standards and Rulemaking Division#

Page 2Wiener 105.5 Goodall, Shante CTR (PHMSA) Defintions From: Betts, Charles (PHMSA) 16 - 0032 Sent: To: Tuesday, February 23, 2016 11:36 AM Subject: Goodall, Shante CTR (PHMSA) Attachments: Fw: Request for Letter of Clarification DOT Letter of Clarificaiton - 105.5.docx Please log and assign Sent from my BlackBerry 10 smartphone on the Verizon Wireless 4G LTE network. From: Robert Teneyck <Robert.Teneyck@ten-e.com> Sent: Tuesday, February 23, 2016 10:28 AM To: Betts, Charles (PHMSA) Subject: Request for Letter of Clarification Hi Charles, Let me know if you need any further information in order to answer the attached inquiry. Regards, Robert TenEyck 1666 County Road 74 TEN-E Packaging Services, Inc. 651-459-0671 Newport, MN 55055 www.ten-e.com 1#

Page 3TENE TEN-E Packaging Services, Inc. February 23, 2016 Charles Betts U.S. DEPARTMENT OF TRANSPORTATION Standards Development, PHH-11 Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue S. E. Washington, D.C. 20590 Ref.: Definition of Competent Authority - Section 105.5 Dear Charles: We have a client that wants to ship a 29% concentration of Ammonia Solutions, 8, UN 2672, III in composite IBCs by international water. The subject packaging is fully approved under Title 49 CFR by special provision IB3 however special packing provision B11 of the IMDG Dangerous Goods Code restricts the concentration of ammonia solutions in composite IBCs to not more than 25%. So our question then is whether or not the definition of Competent Authority Approval in Section 105.5 of Title 49 CFR authorizes shipment of the 29% concentration of ammonia solutions in composite IBCs for international water shipments. We look forward to hearing from you on this regulatory compliance matter. Sincerely, TEN-E Packaging Services, Inc.#