packgen Corporation — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration JUN 2 5 2008 1200 New Jersey Avenue, SE Washington, D.C. 20590 Mr. Russell Keith Engineering packgen Corporation 65 First Flight Drive P.O. Box #I970 Auburn, Maine 042 1 1 Ref. No.: 08-01 14 Dear Mr. Keith: This responds to your April 28,2008 letter concerning the design and construction requirements for flexible intermediate bulk containers (IBCs) under the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1 - 1 80). Specifically, you ask if a flexible IBC may be tested and marked as L N specification 13HZ if the flexible IBC does not have top lifting devices attached to it and is intended to be placed on a pallet, which is relied upon for mechanical lifting. An Intermediate Bulk Container is defined by the HMR as a rigid or flexible portable packaging, other than a cylinder or portable tank, that is designed for mechanical handling (see 8 171.8). A handling device for flexible IBC packagings is defined as any sling, loop, eye, or frame attached to the body of the IBC or formed by the continuation of the IBC body material (see § 178.7 10(b)(3)). If a flexible bulk packaging does not have any design features for mechanical handling (i.e., handling devices), then it does not meet the definition of an IBC under the HMR, and may not be tested and marked as UN specification 13HZ. Placement of a packaging on a pallet for mechanical handling does not satisfy the portion of the IBC definition that requires the packaging itself to be designed for mechanical handling. I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, b Chief, Standards Development Office of Hazardous Materials Standards#

Page 2packgen Corporation 65 First Flight Drive P.O. Box #I970 Auburn, Maine 04211 Tele: 207-784-4195 Fax: 207-777-3178 www.packgen.com pat kgen April 28, 2008 Mr. Edward T. Mazzullo Director, Office of Hazardous Materials Standards U.S. DOTIPHMSA (PHH-10) 1200 New Jersey Avenue, SE Washington, DC 20590 Subject: Flexible IBC without lift straps Dear Mr. Director, I have a question regarding the construction requirements for a Flexible Intermediate Bulk Container. We have recently seen Flexible IBC's without top lifting devices and attached to a pallet for transport. We have always been of the understanding that a Flexible container must have integral lifting devices such as straps and I or sling(s) in order to lift the IBC. We come to this conclusion after reviewing 9 178.710 (b)(3) the definition of the handling devices for Flexible IBC's. Our belief is further reinforced by reviewing 3 178.803 Testing and Certification of IBC's in which one must perform several tests on the Flexible IBC that require that the IBC be suspended by it's lifting device(s). These tests are the Top Load, Righting, and Tear respectively. My questions are: Is it possible to have a Flexible IBC with a UN marking of 13HZ that did not have any top lifting devices but, was intended to be placed on a pallet as it's sole means of lifting? If yes what test would be required to satisfy the requirements of 5 178.803? Sincerely, Russell Keith Engineering packgen C'orporatioaa Ernail: rkeith(&uackgen.coni Tele: 207-784-195 ( ~ 2 4 4 ) Fax: 207-777-3178#