{"operation":"document","citation":"05-0040","title":"Bonar Plastics — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-05-05","effective_on":null,"summary":"05-0040 response to Bonar Plastics concerning 173.24a.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0040.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0040.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0040","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050040.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nPipeline and\nHazardous Materials Safety\nMAY\nAdministration\n5 2005\nMr. Gustavo Cuevas\nRef No. 05-0040\nPlant Manager\nBonar Plastics\n1005 Atlantic Drive\nWest Chicago, IL 60185\nDear Mr. Cuevas:\nThis is in response to your letter dated February 14, 2005 requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to testing\nand marking of Intermediate Bulk Containers (IBCs). Specifically, you state that your\ncompany manufactures IBCs certified for use with materials of 1.2 specific gravity that\nhave recently been re-certified for use with materials of 1.5 specific gravity without\nundergoing a design change. You ask whether your IBCs currently in use may be re-\nmarked for use with materials of 1.5 specific gravity without being re-tested.\nAs specified by § 178.801, it is the responsibility of the IBC manufacturer to assure that\neach IBC is capable of passing the prescribed tests in Subpart O of the HMR. In\naddition, the application of the certification mark by the manufacturer constitutes\ncertification that the IBC design type passed the prescribed tests in Subpart O of the\nHMR, including the periodic design requalification test. Provided your IBCs currently in\nuse meet the testing and certification requirements as specified in the HMR, you may re-\nmark them to indicate that they are authorized for use with materials of 1.5 specific\ngravity without retesting.\nI hope this information is helpful.\nSincerely,\nXin: thy\nSusan Gorsky\nSenior Transportation Regulations Specialist\nOffice of Hazardous Materials Standards\n173-24a6\n050040\n\n<<<PAGE 2>>>\n\nFoster\n§173.24a(b)3)\nBONAR\nTIC S\nNon Bulk Packaging\n1005 ATLANTIC DRIVE\n05-004D\nWEST CHICAGO, IL 60185\nTOLL FREE 800.295.3725\nPH 630.293.0303\nFAX 630.293.0930\nFebruary 14, 2005\nU.S Department of Transportation\nResearch and Special Programs Administration\nAttn: DHM-10\n00 7\" Street S.W\nVashington D.C. 2059\nSubject: IBC Remarking\nTo whom it may concern:\nBonar Plastics has produced an IBC for several years that was certified for use with a 1.2\nspecific gravity material. There were no changes of any kind made to the design of this\nspecific gravity material. Recently this same container was re-certified for use with a 1.5\nunit to get the new certification. What we are wondering is, can existing units currentl\nnarked with the old U.N. number, out in the field, be remarked with the new U.N.\number without undergoing any retesting, or will the old units have to be retested before\neing remarked?\nWe would like to thank you for your assistance with this issue and look forward to\nhearing your response. If you require any further information, I can be reached at (630)-\n293-0303.\nSincere regards,\nGustavo Cuevas\nPlant Manager\nCc: Johr. Cali\nRick: Raz\nKen McKenzie\nJohn Bielby\nwww.bonarplastics.com\nA division of Low and Bonar","truncated":false,"body_characters":2925}