Interpretation Response #98-0608 ([DuPont de Nemours &Co.] [Mr. Randolph Martin])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: DuPont de Nemours &Co.
Individual Name: Mr. Randolph Martin
Location State: DC Country: US
View the Interpretation Document
Response text:
MAR 18, 1998
Mr. Randolph Martin
E.1. DuPont de Nemours & Co.
1007 Market Street
Room D-3062
Wilmington, DE 19898
Dear Mr. Martin:
This is in response to your letter of January 6, 1998, requesting clarification of the requirements for constructing and certifying a composite I1HG2 Intermediate Bulk Container (IBC) under the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180). Your questions are paraphrased and answered as follows:
Q. Can a composite IBC have a removable or hinged top?
A. Yes.
Q. Can the inner plastic receptacle of a composite IBC be removable?
A. The inner plastic receptacle of a composite IBC may be removed for repair or replacement. However, as provided by § 178.707(b)(1), a composite IBC consists of a rigid outer packaging enclosing a plastic inner receptacle together with any service or other structural equipment. The inner receptacle and outer packaging form an integral packaging and are filled, stored, transported and emptied as a unit.
Q. Can we put a liner inside the inner plastic receptacle?
A. Yes.
Q. Can this liner be removable for unloading?
A. Yes.
Q. Section 178.802 requires conditioning of composite IBCs with fiberboard outer packagings prior to testing; § 178.810 requires freezing to 0 °F prior to the drop test. The International Maritime Dangerous Goods (IMDG) Code excepts conditioning when freezing is done. May we follow IMDG guidelines?
A. Packagings certified as manufactured in the United States (i.e., marked USA) must meet 49 CFR part 178 requirements (see § 178.703(a)(I)(v)). However, as provided by § 171.12(b)(5), IBCs manufactured under the IMDG Code are acceptable under the HMR.
Q. Do the construction details matter as long as the fmal IBC passes the required performance tests?
A. An IBC marked as being manufactured in the United States must meet the standards for composite intermediate bulk containers in § 178.707.
I hope this information is helpful.
Sincerely,
Delmer F. Billings
Chief, Regulations Development
Office of Hazardous Materials Standards
189.707