Wrangler Corporation — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Washington, D.C. 20590 Special Programs Research and Administration NOV - 9 2004 Mr. Russell Keith Ref. No. 04-0024 Wrangler Corporation Engineering 65 First Flight Drive Auburn, ME 04211 Dear Mr. Keith: This is in response to your letter regarding the designation of Intermediate Bulk Containers (IBC) under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you request clarification on the designation of your packaging. According to your letter, your packaging is constructed with a flexible plastic inner liner that is bonded to a rigid fiberboard. The inner liner terminates after being hemmed over the top edge of the fiberboard. The outer plastic body is bonded to the rigid fiberboard and inner lining, forming an integral unit. The outer packaging covers the bottom, sidewalls, and top of the container. Two flaps on adjacent top edges are used for closure. Tie straps are inserted through the lace holes provided in the closure flap and tied in a knot to secure the cover flaps. The container is completed w th no separate loose articles, and is filled, stored, shipped and emptied as a unit. You also submitted a sample of your packaging to this Office for further examination. Your letter requests whether your packaging as described above can be marked with the designation, "11HH2." The answer is no. Based on the description of your packaging and subsequent assessment of the sample you submitted, your packaging does not conform to the specification for a rigid plastic IBC, and, thus, may not be marked with the IBC code designation "11HH2." As specified in § 178.706(b): rigid plastic IBCs consist of a rigid plastic body, which may have structural packaging acquires its rigidity only when bonded to a rigid fiberboard. It is our opinion that a equipment, together with appropriate service equipment. The woven plastic outer sheet of your flexible plast c material bonded to fiberboard is not a rigid plastic material as addressed in § 178.706. Also, the woven plastic outer sheet of your packaging which covers the bottom, sidewalls and top of the container as described in your letter does not exhibit strength relative to its capacity and the service it is required to perform. In conclusion, it does not appear that your packaging conforms to the UN 11HH2 specification or other IBC specifications. If you believe your packaging provides a level of safety equivalent to the UN 11HH2 specification, or another 178.707 040024#

Page 2IBC specification, and you can demonstrate this, you may wish to apply for an exemption for your packaging. The procedures for applying for an exemption are found in § 107.105 of the I hope this information is helpful. Sincerely, Director, Office of Hazardous Material Standards#

Page 3Foster $178.707 IBC 04-0024 WRANGLER CORPORATION 65 First Flight Drive Auburn, Maine 04211 P.O. Box #1970 Tele: 207-777-3100 Fax: 207-777-3178 OR www.wranglerzone.com Febrary 9, 2004 To: Mr. Edward T. Mazzullo Director, Office of Hazardous Materials Standards 400 7* Street SW, U.S. DOT/RSPA (DHM-10) Washington, DC 20590-0001 Subject: Interpretation of construction of a Composite IBC for solids Dear Mr. Director: of an outer packaging and an inner receptacle, so constructed that the inner receptacle and The definition of composite 171.8 "Composite packaging means a packaging consisting integrated single unit; it is filled, stored, shipped and emptied as such." the outer packaging form an integral packaging. Once assembled it remains thereafter an glued) to a ridged fiberboard. The inner liner terminates after being hemrned over the to The container is constructed with a flexible plastic inner liner that is bonder edge of the fiberboard. The outer plastic body (as described in 178.700(c)(1)) is also bonded to the ridged fiberboard and inner liner forming an integral unit. The outer covers the bottom, the sidewalls and top of the container. s a matter of inserting tie straps through the lace holes provided in the closure flap anc Closure is achieved via two flaps on adjacent top edges. Securing the cover flap tying a not. The container is complete with no separate loose articles and is filled stored shipped and emptied as such. material of the IBC's inner receptacle. The second indicates the material of the outer The description of IBC's section 178.700(b)" ... The first letter indicated the IBC." Would the appropriate marking for this container as described be 11HH2. Sincerely, Russell Keith Engineering Wrangler Corporation Email: rkeith@wranglerzone.com#