Interpretation Response #10-0056 ([Custom Metalcraft, Inc.] [Mr. Clark Holden])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Custom Metalcraft, Inc.
Individual Name: Mr. Clark Holden
Location State: IL Country: US
View the Interpretation Document
Response text:
April 21, 2010
Mr. Clark Holden
Custom Metalcraft, Inc.
4724 W. Farm Road
Springfield, IL 65802
Ref. No.: 10-0056
Dear Mr. Holden:
This responds to your e-mail dated March 8, 2010 regarding the requirements for retest and inspection of Intermediate Bulk Containers (IBCs) under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).
Specifically, you ask if your understanding is correct that anyone who performs maintenance (e.g., cleaning or replacing the drum gaskets) on an IBC that has not been durably marked with the owner's state and name or authorized symbol, must durably mark the IBC every time routine maintenance is performed.
The requirements for the routine maintenance for IBCs are found in § 180.350(c). The routine maintenance of metal, rigid plastic, or composite IBCs, and plastics or textile flexible IBCs includes cleaning or replacing of body closures (including gaskets) or non-integral closures ties, as prescribed by § 180.350(c)(1)(i) and (ii) and § 180.350(c)(2)(i) and (ii), respectively.
The requirements applicable to routine maintenance of IBCs are further delineated in
§ 180.352(e). In accordance with this section, routine maintenance performed by a party other than the owner (whose state and name or authorized symbol is durably marked) must durably mark the IBC near the manufacturer's UN design type marking to show: (1) the country in which the maintenance was carried out; and (2) the name or authorized symbol of the party. Therefore, the cleaning or replacing of closures or gaskets on IBCs by parties other than the owner of the IBC must be durably marked on the IBC with the country and name or symbol of the party cleaning or doing routine maintenance on an IBC.
I hope this information is helpful. If we can be of further assistance, please contact us.
Sincerely,
Charles E. Betts
Chief, Standards Development
Office of Hazardous Materials Standards
180.350, 180.352