PHMSA Response Letter

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August 31, 2011

Mr. Neil Washburn
Riceland Foods, Inc.
709 East 22nd Street
Stuttgart, AR 72160

Ref. No. 11-0188

Dear Mr. Washburn:

This responds to your August 11, 2011 request for clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). In your letter, you describe a material that is a mixture of soybean oil and diatomaceous earth that is classed and described as ¿UN3088, Self-heating solid, organic, n.o.s., 4.2, PG II.¿ Specifically, you ask if the material in question may be transported in closed, sift-proof, bulk bins in accordance with the packaging authorization of § 173.240.

The answer is yes. The bulk packaging section referenced in column 8 of the table in § 172.101 for ¿UN3088, Self-heating solid, organic, n.o.s., 4.2, PGII¿ is § 173.241, although § 172.101(i)(4) permits the use of packagings authorized for solids in § 173.240 when the material is in the solid form. Section 173.240(c) authorizes the use of sift-proof closed bulk bins.

I hope this answers your inquiry. If you need additional assistance, please contact this office at (202) 366-8553.

Sincerely,

Ben Supko
Acting Chief, Standards Development
Standards and Rulemaking Division

173.2a, 173.140