{"operation":"document","citation":"21-0113","title":"TEN-E Packaging Services, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2022-03-25","effective_on":null,"summary":"21-0113 response to TEN-E Packaging Services, Inc. concerning 172.101.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0113.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0113.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0113","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/76406/210113.pdf","body":"<<>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMarch 25, 2022\nRobert Ten Eyck\nTEN-E Packaging Services, Inc.\n1666 County Road 74\nNewport, MN 55055\nReference No. 21-0113\nDear Mr. Eyck:\nThis letter is in response to your December 21, 2021, letter requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the packaging\nrequirements for certain nitric acid solutions (69.5% nitric acid). Specifically, you seek\nclarification on the implementation of special provision IP15—which is listed in Column 7 of the\n§ 172.101 Hazardous Materials Table (HMT)—as it applies when this material is packaged in a\ncomposite intermediate bulk container (IBC) with a rigid inner receptacle. In your letter, you\ndescribe a scenario involving unused composite IBCs that were manufactured in 2018. You ask:\n(1) whether these composite IBCs are restricted from use when transporting “UN2031, Nitric\nacid other than red fuming, with at least 65 percent, but not more than 70 percent nitric acid, 8,\n(5.1), PG II”; and (2) whether the two-year limit on using the composite IBCs is triggered by the\nIBC manufacture date.\nThe answer to both questions is yes. Nitric acid solutions assigned special provision IP15 in\nColumn 7 of the HMT may not be transported in a composite IBC with a rigid inner receptacle\nthat is more than two years out from its date of manufacture. Further, the two-year limit is based\non the date of manufacture, regardless of when the packaging is filled. As stated in special\nprovision IP15, “for UN2031 with more than 55% nitric acid, rigid plastic IBCs and composite\nIBCs with a rigid inner receptacle are authorized for two years from the date of IBC\nmanufacture.”\n\n<<>>\n\nPlease note that this restriction does not preclude the use of the IBCs for other hazardous\nmaterials as authorized.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\nDecember 21, 2021\nShane Kelley\nUS DEPARTMENT OF TRANSPORTATION\nPipeline and Hazardous Materials Safety Administration\nStandards and Rulemaking PHH-10\n1200 New Jersey Avenue\nSE Building, 2nd Floor\nWashington, DC 20590\nRe.: Use of Special Provision IP15\nDear Shane:\nA client of ours contacted us concerning Title 49 CFR Special Provision IP15 and their use of\ncomposite IBCs for packaging 69.5% nitric acid. The company has an inventory of new IBCs that were\nmanufactured in 2018 and because of the language in IP15 that states “composite IBCs with a rigid\ninner receptacle are authorized for two years from the date of IBC manufacture” they question if these\nnew IBCs are restricted from use. It would make sense to start the packaging shelf life at the time the\npackage is first filled with the nitric acid as opposed to the actual container manufacture date that\nappears as part of the UN package specification marking.\nThis special provision was placed in the Title 49 CFR regulations under Docket HM-215J and is taken\nfrom the language that appears in the UN Recommendations on the Transport of Dangerous Goods\n(re. Packing Instruction IBC02, Special Packing Provision B15). We could not find anything in the\npreamble to the Title 49 CFR regulation or past UN papers that explain the intent of this special\nprovision and so we are writing to ask for a formal interpretation as to whether the two-year limit applies\nto the actual container manufacture date or when the package is first filled with the nitric acid.\nThank you for your input on this regulatory matter.\nSincerely,\nWeb: www.ten-e.com Web: www.ten-e.com Web: www.ten-e.com\nTEN-E Packaging Services, Inc.\n1666 County Road 74 326 North Corona Avenue 2101 North Shore Street\nNewport, MN 55055 Ontario, CA 91764 High Point, NC 27263\nPhone: 651-459-0671 Phone: 909-937-1260 Phone: 336-803-1331\nFax: 651-459-1430 Fax: 909-937-1262 Fax: 336-804-5074\nEmail: info@ten-e.com Email: info@ten-e.com Email: info@ten-e.com\nUnited States – Minnesota United States – California United States – North Carolina\n\n<<>>\n\nFrom: Kelley, Shane (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: INFOCNTR (PHMSA)\nSubject: Fwd: Special Provision IP15\nDate: Tuesday, December 21, 2021 12:41:22 PM\nAttachments: image001.png\n21-MN50039 Use of Special Provision IP15 - DOT Interpretation.docx\nGood afternoon team. Please see the attached for processing as a request for interpretation. Thank you\nFrom: Robert Teneyck \nSent: Tuesday, December 21, 2021 12:23:50 PM\nTo: Kelley, Shane (PHMSA) \nSubject: Special Provision IP15\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open\nattachments unless you recognize the sender and know the content is safe.\nHi Shane,\nAttached is a formal request for an interpretation on the use of Special Provision IP15 when packaging nitric\nacid in composite IBCs. Please let me know if you need anything further to respond to this inquiry.\nThanks much.\nBob T.\nRobert Ten Eyck TEN-E Packaging Services, Inc.\nrobert.teneyck@ten-e.com 1666 County Road 74\nOffice: 651-459-0671 Newport, MN 55055\nFax: 651-459-1430 www.ten-e.com\n\n<<>>\n\nDecember 21, 2021\nShane Kelley\nUS DEPARTMENT OF TRANSPORTATION\nPipeline and Hazardous Materials Safety Administration\nStandards and Rulemaking PHH-10\n1200 New Jersey Avenue\nSE Building, 2nd Floor\nWashington, DC 20590\nRe.: Use of Special Provision IP15\nDear Shane:\nA client of ours contacted us concerning Title 49 CFR Special Provision IP15 and their use of\ncomposite IBCs for packaging 69.5% nitric acid. The company has an inventory of new IBCs that were\nmanufactured in 2018 and because of the language in IP15 that states “composite IBCs with a rigid\ninner receptacle are authorized for two years from the date of IBC manufacture” they question if these\nnew IBCs are restricted from use. It would make sense to start the packaging shelf life at the time the\npackage is first filled with the nitric acid as opposed to the actual container manufacture date that\nappears as part of the UN package specification marking.\nThis special provision was placed in the Title 49 CFR regulations under Docket HM-215J and is taken\nfrom the language that appears in the UN Recommendations on the Transport of Dangerous Goods\n(re. Packing Instruction IBC02, Special Packing Provision B15). We could not find anything in the\npreamble to the Title 49 CFR regulation or past UN papers that explain the intent of this special\nprovision and so we are writing to ask for a formal interpretation as to whether the two-year limit applies\nto the actual container manufacture date or when the package is first filled with the nitric acid.\nThank you for your input on this regulatory matter.\nSincerely,\nWeb: www.ten-e.com Web: www.ten-e.com Web: www.ten-e.com\nTEN-E Packaging Services, Inc.\n1666 County Road 74 326 North Corona Avenue 2101 North Shore Street\nNewport, MN 55055 Ontario, CA 91764 High Point, NC 27263\nPhone: 651-459-0671 Phone: 909-937-1260 Phone: 336-803-1331\nFax: 651-459-1430 Fax: 909-937-1262 Fax: 336-804-5074\nEmail: info@ten-e.com Email: info@ten-e.com Email: info@ten-e.com\nUnited States – Minnesota United States – California United States – North Carolina","truncated":false,"body_characters":7415}