{"operation":"document","citation":"13-0152","title":"Remcon Plasticcs Incorporated — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-10-17","effective_on":null,"summary":"13-0152 response to Remcon Plasticcs Incorporated concerning 178.700, 178.801.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0152.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0152.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0152","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130152.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D C. 20590\nOCT 1 7 2013\nMr. Peter J. Connors\nRemcon Plastics Incorporated\n208 Chestnut Street\nReading, P A 19602-1809\nRef. No. 13-0152\nDear Mr. Connors:\nThis responds to your July 23, 2013 letter and subsequent August 7, 2013 email\ncorrespondence regarding the meaning of\"different IBC design type\" in§ 178.80l(c)(7) of\nthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). A different design type\nfor an IBC is defined as one that \"differs from a previously qualified IBC design type in\nstructural design, size, material of construction, wall thickness, or manner of construction,\"\nbut does not include, among other things, \"a packaging which differs in service equipment.\"\nYou indicate that you have designed an IBC with a gasket made ofViton®, which has\nsuccessfully passed a design qualification test; however, since Viton® is not compatible with\nsome materials, you have designed an identical IBC to the one that passed the design\nqualification test, except that the body closure gasket is made with alternative materials. You\nindicate that the body closure gasket is used to fill and close the IBC. Your questions are\nparaphrased and answered below.\nQ l. Can the body closure gasket for the IBC scenario described above be considered\n''service equipment\" as defined in the HMR?\nA 1. Based on the scenario described above the answer is no. In this situation the\nbody closure gasket would be considered to be part of the body of the IBC, not the\nIBC's service equipment. \"Body\" is defined in§ 178.700(c)(1) as the receptacle\nproper (including openings and their closures, but not including service equipment)\nthat has a volumetric capacity of not more than 3 cubic meters (3,000 L, 793 gallons,\nor 106 cubic feet). As this body closure gasket would perform the primary function of\na closure and be essential to retain the lading it would meet the definition of \"Body.''\nQ2. If the material of construction of the body closure gasket described above is\nchanged on the IBC, is the IBC considered a different design type requiring a new\ndesign qualification test?\nA2. Based on the scenario described above the answer is yes. It is the opinion of this\noffice that a change in the material of construction of the body closure gasket used as a\n\n<<<PAGE 2>>>\n\nclosure and for retention of the lading for an IBC constitutes a change in the body.\nFor that reason, it would be considered a different design type and would require a\nnew design qualification test.\nI hope this information is helpful. If you have fmiher questions, please contact this office.\nSincerely,\n7M ZL2.~\nRobert Benedict\nChief, Standards Development Branch\nStandards and Rulemaking Division\n------·------\n.. ~-----\n\n<<<PAGE 3>>>\n\nINCORPORATED\n--\n---\n--- \"------- -------·.--\n--=-w~-~-i~t-~;,, develop and deliV·e-~r--\n~---\nO'bonnef I\n.f3J1~, go 1\n9178 I 1D {)\n[ J3C.j\n}3,0ibZ--\nJuly 23, 2013\nMr. Charles E. Betts\nDirector, Standards and Rulemaking Division\nU.S. DOT/PHMSA (PHH-10)\n1200 New Jersey Avenue, SE East Building\n2nd Floor\nWashington, DC 20590\nDear Mr. Betts,\nI am writing to request clarification on selected paragraphs in CFR 49, Part 178. I spoke with Victoria at your Hazardous\nMaterials Information center. Her interpretation of the paragraphs in question appeared to agree with my interpretations,\nand encouraged this written request for clarification.\nMy questions concern the bQdy ~ure gas!s.a.._material and service equipment. Recently we have successfully passed the\ncertification test for an IBC with a 6 inch body closure with all relative service equipment. The test was conducted using a\nbody closure gasket made with Viton material. Since Viton is not compatible with some chemicals, Remcon Plastics will offer\nthe same body closure gasket made with alternate materials. Gasket design, diameter, thickness and durometer range will be\ncomparable to the Viton gasket that has already passed the certification test. We understand from our conversations with\nyour department that this does not require additional testing.\nThe third-party testing agency performing our certification has informed us that they believe a complete design qualification\ntest -178.801(2) must be performed each time the body closure gasket material is changed. They based their testing criteria\non CA2006030022 (ih Rev.) Appendix B (6). However, we note that their testing does not test chemical compatibility of the\ngasket.\nAccording to the definition of \"Different IBC design type\" in -178.801(c)(7) an IBC which differs from a previously qualified IBC\ndesign type only in that it \"differs in service equipment\" is not considered a different IBC design type (see 178.801(c)(7)(iv)).\nFurther- 178.700(c)(2) defines service equipment to mean filling and discharge, pressure relief, safety, heating and heat-\ninsulating devices, and measuring instruments. Therefore, please consider the following statements for interpretation and\nconfirmation:\n1. 2. The body closure gasket is service equipment.\nAn identicaiiBC does not require re-certification testing if the only change is body closure gasket material.\nThank you for your consideration in this matter. Please do not hesitate to contact me if you have questions concerning this\nrequest or if you require additional information.\nI.\nPeter J. Connors\n208 Chestnut Street , Reading, Pennsylvania 19602-1809 ' Phone (800) 360-3636 · ( 610) 376-2666 FAX ( 610) 375-4750\nwww.remcon.com","truncated":false,"body_characters":5546}