Interpretation Response #05-0040 ([Bonar Plastics] [Mr. Gustavo Cuevas])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Bonar Plastics
Individual Name: Mr. Gustavo Cuevas
Location State: IL Country: US
View the Interpretation Document
Response text:
May 5, 2005
Mr. Gustavo Cuevas Reference No. 05-0040
Plant Manager
Bonar Plastics
1005 Atlantic Drive
West Chicago, IL 60185
Dear Mr. Cuevas:
This is in response to your letter dated February 14, 2005 requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- 180) applicable to testing and marking of Intermediate Bulk Containers (IBCs). Specifically, you state that your company manufactures IBCs certified for use with materials of 1.2 specific gravity that have recently been re-certified for use with materials of 1.5 specific gravity without undergoing a design change. You ask whether your IBCs currently in use may be re marked for use with materials of 1.5 specific gravity without being re-tested.
As specified by § 178.80 1, it is the responsibility of the IBC manufacturer to assure that each IBC is capable of passing the prescribed tests in Subpart 0 of the HMR. In addition, the application of the certification mark by the manufacturer constitutes certification that the IBC design type passed the prescribed tests in Subpart 0 of the HMR, including the periodic design requalification test. Provided your IBCs currently in use meet the testing and certification requirements as specified in the HMR, you may re mark them to indicate that they are authorized for use with materials of 1.5 specific gravity without retesting.
I hope this information is helpful.
Sincerely,
Susan Gorsky
Senior Transportation Regulations Specialist
Office of Hazardous Materials Standards
173.24a(b)(3)