Andax Industries LLC. — Hazardous Materials Safety Interpretation

Page 1Mr. Patrick F. McAtarian General Manager Andax Industries LLC 613 West Palmer Street Saint Marys, KS 66536 Reference No. 16-0173 Dear Mr. McAtarian: This letter is in response to your October 21, 2016, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the use of a flexible intermediate bulk container (FIBC). Specifically, you indicate that you have a regulated liquid packaged in an "inner package, container, or article" that is then placed in a UN13H4 rated FIBC. You ask if this is an authorized packaging configuration. The answer is no. With the exception of "large packagings" (see § 171.8), a "bulk package"- such as an FIBC—is defined as a package that is loaded with a hazardous material with no intermediate form of containment. An intermediate form of containment would include an inner packaging, container, or article. Therefore, it is the opinion of this Office that a UN13H4 FIBC is not authorized to be loaded with an inner packaging, container, or article. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, rk Der Kindere Chief, Standards Development Branch Standards and Rulemaking Division#

Page 2Please submit this as a letter of interpretation. Mr. McAtarian has spoken with numerous HMIC staff on this question. Please let me know if you have any questions. Thanks, Jordan From: Patrick F.McAtarian [mailto:pmc@andax.com] Sent: Friday, October 21, 2016 1:22 PM To: INFOCNTR (PHMSA) Cc: mmc@andax.com; jbunn@andax.com Subject: Request for clarification To whom it may concern, By way of introduction, my name is Patrick McAtarian of Andax Industries. The attached letter is a request for clarification regarding compliance with DOT regulations for FIBCs with inner packaging. Thank you in advance for your time and attention regarding this request. Should you have any question or comments please contact me directly at 785-437-0604. Otherwise I look forward to your response. Sincerely, Patrick F. McAtarian /SAG Andax Industries LLC 613 West Palmer St Saint Marys, KS 66536 Phone: (800)-999-1358 Fax: (888)-443-4732 E-Mail: pmc@andax.com Web: www.andax.com This e-mail transmission is confidential and may contain legally privileged information. If you are not the intended recipient it may be unlawful for you to read, copy, distribute, disclose or otherwise make use of the information herein. Please contact Andax Industries LLC immediately if received in error.#

Page 3DIULIVIE Standards and Rulemaking Division Via: Email delivery INFOCNTR@DOT.GOV To Whom It May Concern, I have an FIBC marked with the following UN Certification: UN13H4/Y/0516/USA/+AA6364/0/635. According to my understanding of the definitions listed in 49 CFR 178.8 -, an FIBC is defined as follows: "Bull packaging means a packaging, other than a vessel or a barge, including a transport vehicle or freight container, in which hazardous materials are loaded with no intermediate form of containment. A Large Packaging in which hazardous materials are loaded with an intermediate form of containment, such as one or more articles or inner packagings, is also a bulk packaging. Additionally, a bulk packaging has: (1) A maximum capacity greater than 450 L (119 gallons) as a receptacle for a liquid; (2) A maximum net mass greater than 400 kg (882 pounds) and a maximum capacity greater than 450 L (119 gallons) as a receptacle for a solid: or subchapter: " (3) A water capacity greater than 454 kg (1000 pounds) as a receptacle for a gas as defined in $/73./15 of this "Intermediate bulk container or /BC means a rigid or flexible portable packaging, other than a cylinder or portable tank, which is designed for mechanical handling. Standards for IBCs manufactured in the United States are set forth in subparts N and O of part 178 of this subchapter:" In your Letter of Clarification # 13-0093 dated August 13, 2013 it is stated "The HMR do not authorize IBCs to contain inner packagings." The only exception noted, being the permit holder or party to, DOT-SP 12296. 49 CFR 178.8 defines inner packagings as the following: "Intermediate packaging means a packaging which encloses an inner packaging or article and is itself enclosed in an outer packaging." Therefore, other than DOT SP 12296, would a shipper be in compliance with UN/DOT regulations by placing an article, container or inner package containing a regulated liquid material in the aforementioned UN/DOT rated FIBC and placing it on a vehicle for transportation? Thank you in advance for your assistance and clarification on this matter. Sincerely, Stret General Manager Sag/PM E-Mail: customerservice@andax.com • Web: www.andax.com 613 W. Palmer, St. Marys, KS 66536 Phone: 1-800-999-1358 • Fax: 1-888-443-4732#