{"operation":"document","citation":"16-0173","title":"Andax Industries LLC. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2017-01-10","effective_on":null,"summary":"16-0173 response to Andax Industries LLC. concerning 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0173.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0173.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0173","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2017/160173.pdf","body":"<<<PAGE 1>>>\n\nMr. Patrick F. McAtarian\nGeneral Manager\nAndax Industries LLC\n613 West Palmer Street\nSaint Marys, KS 66536\nReference No. 16-0173\nDear Mr. McAtarian:\nThis letter is in response to your October 21, 2016, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the use of a\nflexible intermediate bulk container (FIBC). Specifically, you indicate that you have a regulated\nliquid packaged in an \"inner package, container, or article\" that is then placed in a UN13H4 rated\nFIBC. You ask if this is an authorized packaging configuration.\nThe answer is no. With the exception of \"large packagings\" (see § 171.8), a \"bulk package\"-\nsuch as an FIBC—is defined as a package that is loaded with a hazardous material with no\nintermediate form of containment. An intermediate form of containment would include an inner\npackaging, container, or article. Therefore, it is the opinion of this Office that a UN13H4 FIBC\nis not authorized to be loaded with an inner packaging, container, or article.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nrk Der Kindere\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nPlease submit this as a letter of interpretation. Mr. McAtarian has spoken with numerous HMIC staff on this question.\nPlease let me know if you have any questions.\nThanks,\nJordan\nFrom: Patrick F.McAtarian [mailto:pmc@andax.com]\nSent: Friday, October 21, 2016 1:22 PM\nTo: INFOCNTR (PHMSA)\nCc: mmc@andax.com; jbunn@andax.com\nSubject: Request for clarification\nTo whom it may concern,\nBy way of introduction, my name is Patrick McAtarian of Andax Industries. The attached letter is a request for clarification\nregarding compliance with DOT regulations for FIBCs with inner packaging.\nThank you in advance for your time and attention regarding this request. Should you have any question or comments\nplease contact me directly at 785-437-0604. Otherwise I look forward to your response.\nSincerely,\nPatrick F. McAtarian\n/SAG\nAndax Industries LLC\n613 West Palmer St\nSaint Marys, KS 66536\nPhone: (800)-999-1358\nFax: (888)-443-4732\nE-Mail: pmc@andax.com\nWeb: www.andax.com\nThis e-mail transmission is confidential and may contain legally\nprivileged information. If you are not the intended recipient\nit may be unlawful for you to read, copy, distribute, disclose\nor otherwise make use of the information herein. Please contact\nAndax Industries LLC immediately if received in error.\n\n<<<PAGE 3>>>\n\nDIULIVIE\nStandards and Rulemaking Division\nVia: Email delivery INFOCNTR@DOT.GOV\nTo Whom It May Concern,\nI have an FIBC marked with the following UN Certification: UN13H4/Y/0516/USA/+AA6364/0/635.\nAccording to my understanding of the definitions listed in 49 CFR 178.8 -, an FIBC is defined as follows:\n\"Bull packaging means a packaging, other than a vessel or a barge, including a transport vehicle or freight\ncontainer, in which hazardous materials are loaded with no intermediate form of containment. A Large Packaging in\nwhich hazardous materials are loaded with an intermediate form of containment, such as one or more articles or inner\npackagings, is also a bulk packaging. Additionally, a bulk packaging has:\n(1) A maximum capacity greater than 450 L (119 gallons) as a receptacle for a liquid;\n(2) A maximum net mass greater than 400 kg (882 pounds) and a maximum capacity greater than 450 L (119 gallons)\nas a receptacle for a solid: or\nsubchapter: \"\n(3) A water capacity greater than 454 kg (1000 pounds) as a receptacle for a gas as defined in $/73./15 of this\n\"Intermediate bulk container or /BC means a rigid or flexible portable packaging, other than a cylinder or portable\ntank, which is designed for mechanical handling. Standards for IBCs manufactured in the United States are set forth in\nsubparts N and O of part 178 of this subchapter:\"\nIn your Letter of Clarification # 13-0093 dated August 13, 2013 it is stated \"The HMR do not authorize IBCs to\ncontain inner packagings.\" The only exception noted, being the permit holder or party to, DOT-SP 12296.\n49 CFR 178.8 defines inner packagings as the following:\n\"Intermediate packaging means a packaging which encloses an inner packaging or article and is itself enclosed in an\nouter packaging.\"\nTherefore, other than DOT SP 12296, would a shipper be in compliance with UN/DOT regulations by placing an\narticle, container or inner package containing a regulated liquid material in the aforementioned UN/DOT rated FIBC\nand placing it on a vehicle for transportation?\nThank you in advance for your assistance and clarification on this matter.\nSincerely,\nStret\nGeneral Manager\nSag/PM\nE-Mail: customerservice@andax.com • Web: www.andax.com\n613 W. Palmer, St. Marys, KS 66536\nPhone: 1-800-999-1358 • Fax: 1-888-443-4732","truncated":false,"body_characters":4820}