{"operation":"document","citation":"04-0024","title":"Wrangler Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-11-09","effective_on":null,"summary":"04-0024 response to Wrangler Corporation concerning 178.707.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0024.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0024.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0024","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040024.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nWashington, D.C. 20590\nSpecial Programs\nResearch and\nAdministration\nNOV - 9 2004\nMr. Russell Keith\nRef. No. 04-0024\nWrangler Corporation\nEngineering\n65 First Flight Drive\nAuburn, ME 04211\nDear Mr. Keith:\nThis is in response to your letter regarding the designation of Intermediate Bulk Containers (IBC)\nunder the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you\nrequest clarification on the designation of your packaging.\nAccording to your letter, your packaging is constructed with a flexible plastic inner liner that is\nbonded to a rigid fiberboard. The inner liner terminates after being hemmed over the top edge of\nthe fiberboard. The outer plastic body is bonded to the rigid fiberboard and inner lining, forming\nan integral unit. The outer packaging covers the bottom, sidewalls, and top of the container.\nTwo flaps on adjacent top edges are used for closure. Tie straps are inserted through the lace\nholes provided in the closure flap and tied in a knot to secure the cover flaps. The container is\ncompleted w th no separate loose articles, and is filled, stored, shipped and emptied as a unit.\nYou also submitted a sample of your packaging to this Office for further examination. Your\nletter requests whether your packaging as described above can be marked with the designation,\n\"11HH2.\"\nThe answer is no. Based on the description of your packaging and subsequent assessment of the\nsample you submitted, your packaging does not conform to the specification for a rigid plastic\nIBC, and, thus, may not be marked with the IBC code designation \"11HH2.\" As specified in\n§ 178.706(b): rigid plastic IBCs consist of a rigid plastic body, which may have structural\npackaging acquires its rigidity only when bonded to a rigid fiberboard. It is our opinion that a\nequipment, together with appropriate service equipment. The woven plastic outer sheet of your\nflexible plast c material bonded to fiberboard is not a rigid plastic material as addressed in\n§ 178.706. Also, the woven plastic outer sheet of your packaging which covers the bottom,\nsidewalls and top of the container as described in your letter does not exhibit strength relative to\nits capacity and the service it is required to perform. In conclusion, it does not appear that your\npackaging conforms to the UN 11HH2 specification or other IBC specifications. If you believe\nyour packaging provides a level of safety equivalent to the UN 11HH2 specification, or another\n178.707\n040024\n\n<<<PAGE 2>>>\n\nIBC specification, and you can demonstrate this, you may wish to apply for an exemption for\nyour packaging. The procedures for applying for an exemption are found in § 107.105 of the\nI hope this information is helpful.\nSincerely,\nDirector, Office of Hazardous\nMaterial Standards\n\n<<<PAGE 3>>>\n\nFoster\n$178.707\nIBC\n04-0024\nWRANGLER CORPORATION\n65 First Flight Drive\nAuburn, Maine 04211\nP.O. Box #1970\nTele: 207-777-3100 Fax: 207-777-3178\nOR\nwww.wranglerzone.com\nFebrary 9, 2004\nTo:\nMr. Edward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\n400 7* Street SW,\nU.S. DOT/RSPA (DHM-10)\nWashington, DC 20590-0001\nSubject: Interpretation of construction of a Composite IBC for solids\nDear Mr. Director:\nof an outer packaging and an inner receptacle, so constructed that the inner receptacle and\nThe definition of composite 171.8 \"Composite packaging means a packaging consisting\nintegrated single unit; it is filled, stored, shipped and emptied as such.\"\nthe outer packaging form an integral packaging. Once assembled it remains thereafter an\nglued) to a ridged fiberboard. The inner liner terminates after being hemrned over the to\nThe container is constructed with a flexible plastic inner liner that is bonder\nedge of the fiberboard. The outer plastic body (as described in 178.700(c)(1)) is also\nbonded to the ridged fiberboard and inner liner forming an integral unit. The outer covers\nthe bottom, the sidewalls and top of the container.\ns a matter of inserting tie straps through the lace holes provided in the closure flap anc\nClosure is achieved via two flaps on adjacent top edges. Securing the cover flap\ntying a not. The container is complete with no separate loose articles and is filled stored\nshipped and emptied as such.\nmaterial of the IBC's inner receptacle. The second indicates the material of the outer\nThe description of IBC's section 178.700(b)\" ... The first letter indicated the\nIBC.\" Would the appropriate marking for this container as described be 11HH2.\nSincerely,\nRussell Keith\nEngineering\nWrangler Corporation\nEmail: rkeith@wranglerzone.com","truncated":false,"body_characters":4637}