Ross Trucking Co., Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington, D.C. 1 Spear Programs Administration JAN 2 | 1998 Mr. Thomas H. Mitchell KMG-Bernuth, Inc. 10611 Harwin, Suite 402 Houston, TX 77036 Dear Mr. Mitchell: This is in response to your letter regarding what constitutes "closed" under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as it applies to a "closed freight container" or a "closed transport vehicle" containing a material described as "Pentachlorophenol, 6.1, UN3155, II," in flexible, intermediate bulk containers (FIBCs). I apologize for the delay in responding and hope it has not caused in any inconvenience. A material described as "Pentachlorophenol, 6.1, UN3155, II" (solids only) may be transported in FIBCs, which must be loaded in a closed freight container or a closed transport vehicle (see § 173.242). A freight container is used primarily for containment of packages (in unit form), and a transport vehicle is a cargo-carrying conveyance. A "closed" freight container or : transport vehicle means carrying packages within a container or vehicle that has some method of closing. Generally, a flatbed truck or trailer is not a "closed vehicle." However, it is the opinion of this Office that a "tarped, flatbed trailer with removable, solid sides and back" is acceptable to transport FIBCs, containing a Packing Group II, solid material. I hope this information is helpful. If we can be of further assistance, please contact us. Sincerely, Debtfithis Delmer F. Billings Chief, Regulations Development Office of Hazardous Materials Standards#

Page 2*.: 173.242 741363540 KM BERNUTH December 12, 1996 Mr. Edward T. Mazzullo Director, Office of Hazardous Materials Standards U.S. DEPARTMENT OF TRANSPORTATION Research and Special Program Administration 400 Seventh Street, SW Washington, DC 20590 Dear Mr. Mazzullo: We are confused here about the proper transport method of one of our products and seem to have conflicting advice from our consultant, J. J. KELLER versus information obtained from your Hazardous Materials Information Center. I will attempt below to describe our situation in hopes that you might provide a more exact interpretation of compliance requirements. Our product details are as follows: Name: Pentachlorophenol Form: Solid 2,000 pound blocks Hazard Class: 6.1 ID: UN 3155 PG: I| As allowed by Subchapter C Hazardous Materials Regulations, Subpart F, 173.242, we package our product in tested and qualified, flexible IBCs with poly liners. According to (2) (iv) under this paragraph, "Flexible.....intermediate bulk containers containing materials in Packing Group Il must be packed in a closed freight container or a closed transport vehicle". The question we have is what constitutes "closed", and we have been unable to locate anything in the regs that addresses this. KMG-BERNUTH, INC. • 10611 HARWIN, SUITE 402 • HOUSTON, TEXAS 77036 TELEPHONE: (713) 988-9252 • FAX: (713) 988-9298 /#

Page 3Page 2 December 12, 1996 A competitor is using tarped, flatbed trailers with removable solid sides and back to transport a comparable product packed in a flexible IBC with liner. Our consultant has advised that this method does not constitute "closed" and that an enclosed van is required. The DOT Hazardous Materials Information Center has advised that the former is acceptable transport of our above described material. Any assistance in interpretation of requirements for a closed freight container or a closed transport vehicle would be most welcome. The basis question is whether or not flexible IBCs with liners containing a Class 6.1, PG Il material may be transported aboard a tarped, flat bed trailer with removable solid sides and back. Additionally, would a tarped flat bed trailer without sides/back be acceptable? Thank you. Sincerely, Smittee Thomas H. Mitchell ... -#