Interpretation Response #02-0288 ([PADG, LLC] [David C. Gluntz])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: PADG, LLC
Individual Name: David C. Gluntz
Location State: OH Country: US
View the Interpretation Document
Response text:
Jan 2, 2003
Mr. David C. Gluntz Reference No. 02-0288
PADG,LLC
2350-A Meeting Street
Columbus, OH 43220-6292
Dear Mr. Gluntz:
This is in response to your letter requesting clarification of the requirements for intermediate bulk containers (IBCs) under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if an IBC, manufactured in 1996 under exemption DOT-E 10172 and design tested as a UN31HA1 but not marked as such, may be marked by the manufacturer as a UN31HA1 with a 1996 manufacturing date.
The answer is yes, provided that the IBC fully conforms to the requirements in subparts N and O of part 178, In addition, the IBC must have been successfully tested in accordance with § 180.352 before it is filled with a hazardous material and offered for transportation. Remarking and certifying these exemption IBCs as UN standard packagings were specifically authorized in exemption DOT-E 10172, Section 8, paragraph f. and in the final rule adopting the IBC packaging standards (Docket HM-181E; 59 FR 38040, July 26, 1994).
I hope this satisfies your request.
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
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