PHMSA Response Letter

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July 12, 2016

Mr. Robert TenEyck
TEN-E Packaging Services, Inc.
1666 County Road 74
Newport, MN 55055

Reference No. 16-0032

Dear Mr. TenEyck:

This responds to your February 23, 2016 request for clarification on whether a citation in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) acts as a Competent Authority Approval (CAA). According to your inquiry, your client wants to ship a 29% concentration of "UN2672, Ammonia solution, Class 8, PG III" in composite Intermediate Bulk Containers (IBCs) by international vessel. The subject packaging is authorized under the HMR by Special provision IB3. Special packaging provision B11 of the International Maritime Dangerous Goods (IMDG) Code restricts the concentration of ammonia solutions in composite IBCs to not more than 25%. You ask if the definition of CAA in § 105.5 of Part 105 authorizes shipment of the 29% concentration of ammonia solution in composite IBCs for international shipments.

The answer is yes. The HMR authorize the use of composite IBCs for UN2672 without a 25% concentration limit provided the packaging requirements in § 173.241(d) and Special provision IP8 are satisfied. The definition for CAA in § 105.5 states that a specific regulation in subchapter A or C of the HMR may be considered a competent authority approval if it satisfies the requirement of an international standard (see Chapter 4.1.3.7 of the IMDG Code). Therefore, the authorization under the HMR for the composite IBC in your scenario serves as a U.S. competent authority approval.

I trust this information is helpful. If you have further questions, please do not hesitate to contact this office.

Sincerely,

Duane A. Pfund
International Standards Coordinator
Standards and Rulemaking Division

105.5, 173.241(d)