Champion X — Hazardous Materials Safety Interpretation

Page 11200 New Jersey Avenue, SE Washington, DC 20590 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration April 24, 2024 Melanie Barker Regulatory Specialist Champion X 11177 S. Stadium Drive Sugar Land, TX 77478 Reference No. 24-0017 Dear Ms. Barker: This letter is in response to your March 7, 2024, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) regarding vessel transportation of “UN3286, Flammable liquid, toxic, corrosive, n.o.s., 3 (6.1, 8), PG II” in composite intermediate bulk containers (IBCs). You ask whether the IBCs authorized in the HMR for a commodity transported using this hazardous materials description satisfies the International Maritime Dangerous Goods (IMDG) Code requirement for a competent authority approval (CAA), or if a CAA letter is still required to transport it internationally via vessel. More specifically, you ask whether a CAA (letter) is required to transport a 31HA1 composite IBC for vessel transportation of this material. The answer is no. Your understanding is correct that special provision IB2—which is assigned to the UN3286 Packing Group (PG) II entry in the § 172.101 Hazardous Materials Table— authorizes composite (31HZ1) IBCs for transportation, including for vessel transportation. Further, the HMR authorizes the use of composite IBCs for UN3286 materials, provided the packaging meets the conditions and limitations in § 173.243(d). Note also that a CAA, as defined in § 105.5, is an approval by the competent authority that is required under an international standard, and that a specific regulation in the HMR may be considered a CAA if it satisfies the requirement of an international standard—see, for example, section 4.1.3.7 of the IMDG Code. Therefore, the authorization in the HMR for use of composite IBCs for transportation of a UN3286 PG II material serves as a U.S. CAA. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Dirk Der Kinderen Chief, Standards Development Branch Standards and Rulemaking Division#

Page 2Horne From: INFOCNTR (PHMSA) To: Dodd, Alice (PHMSA) Cc: Hazmat Interps Subject: FW: Question regarding transportation of materials classified as UN3286 Date: Thursday, March 14, 2024 11:58:17 AM 24-0017 Hi Alice, Please see the below interpretation request. Let me know if you need anything. Regards, -Breanna From: Barker, Melanie <Melanie.Barker@championx.com> Sent: Thursday, March 7, 2024 11:51 AM To: PHMSA HM InfoCenter <PHMSAHMInfoCenter@dot.gov> Subject: Question regarding transportation of materials classified as UN3286 CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the sender and know the content is safe. Hello, I have been receiving questions regarding transport of materials classified as UN3286 Flammable liquid, toxic, corrosive, n.o.s., 3(6.1,8), PG II in IBCs by sea and one specific vessel that is refusing to accept the cargo without a letter from DOT. We have 31HA1 composite totes which appears to be an authorized composite IBC under Special Provision IB2 according to 49 CFR 172.102(c)(4) and table found in 49 CFR 178.702(a)(2). IB2 – Authorized IBCs: Metal (31A, 31B and 31N); Rigid plastics (31H1 and 31H2); Composite (31HZ1). If 31HA1 composite IBCs are authorized containers to transport materials classified as UN3286 Flammable liquid, toxic, corrosive, n.o.s., 3(6.1,8), PG II by DOT, then does that extend to being authorized under IMDG? The IMDG regulations list packing instruction IBC 99 which states: Only IBCs which are approved for these goods by the competent authority may be used (see 4.1.3.7). A copy of the Competent Authority approval shall accompany each consignment or the transport document shall include an indication that the packaging was approved by the Competent Authority. Can you provide a Letter of Interpretation for IB2 or advise if an application for a Competent Authority approval is required? Additionally, if a Competent Authority certification will be required, what documentation will need to be provided in order to receive an approval. We have attempted to apply for a Competent Authority certification in the past and were rejected on grounds of documentation. Best Regards, Melanie Barker Regulatory Specialist 11177 S. Stadium Dr, Sugar Land, Texas 77478 T +1 281 632 8105 E melanie.barker@championX.com Connect with Us LinkedIn | Facebook | Twitter | Instagram | YouTube CONFIDENTIALITY NOTICE: This e-mail communication and any attachments may contain proprietary and privileged information for the use of the designated recipients named above. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.#