{"operation":"document","citation":"17-0057","title":"Elkhart Plastics, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2017-12-28","effective_on":null,"summary":"17-0057 response to Elkhart Plastics, Inc. concerning 178.700, 178.706, 178.707, 178.710, 178.801.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0057.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0057.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0057","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/56826/170057.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue. SE\nWashington, DC 20590\nNO V l 6 2017\nJason Furrer, P.E.\nProject Engineer\nElkhart Plastics, Inc.\n51 703 Packard Drive\nMiddlebury, IN 46540\nReference No. 17-0057\nDear Mr. Furrer:\nThis letter is in response to your May 16, 2017, e-mail requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to § 178.801 ( c )(7)(iv).\nSpecifically, you state you have an intermediate bulk container (IBC) that has a 9-inch lid and a\n2-inch center fill port opening. You also state the center fill port opening can be fitted with a\npump, micro-valve, or plug. You ask for confirmation of your understanding that this IBC's one\nport opening is authorized to operate with the pump, micro-valve, and plug connectors it is\ndesigned to be attached to, and that the use of these three connectors is authorized under this\nIBC's one United Nations certification test because they are considered the same design type\n(i.e., same wall thickness, tank material, and tank size).\nBased on the information you provided, your understanding is correct. The HMR require that an\nIBC must be considered a \"different intermediate bulk container\" and tested as a new package\nonly if it differs from a previously qualified IBC design type in structural design, including\nchanges to fittings or threads where a pump or other service equipment is designed to be\nattached; size; material of construction; wall thickness; or manner of construction\n(see§ l 78.801(c)). The pump, micro-valve, and plug connectors you describe are considered\nservice equipment. The definition of \"different intermediate bulk container\" does not include a\npackaging that differs in surface treatment; differs with regard to additives used to comply with\n§§ l 78.706(c), 178.707(c), or l 78.710(c); differs only in its lesser external dimensions\n(i.e., height, width, length); or differs in service equipment. The HMR define IBC service\nequipment as filling and discharge, pressure relief, safety, heating and heat-insulating devices,\nand measuring instruments (see§ 178.700(c)(2)).\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<>>\n\nf:_ c:Lmo?/J./J-V-iA...J\n~ / 7~- 'i;O /\n//6<2,\n/ 7-(}35-7\nDodd, Alice (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nINFOCNTR (PHMSA)\nTuesday, May 16, 2017 3:53 PM\nHazmat Interps\nFW: Requesting a letter of interpretation\nHi Shante/Alice,\nPlease submit this as a letter of interpretation. Mr. Furrer has spoken to a number of individuals in the HMIC, including\nmyself.\nPlease let me know if you have any questions.\nThanks,\nJordan\nFrom: Jason Furrer [mailto:jason.furrer@epi-roto.com]\nSent: Tuesday, May 16, 2017 2:24 PM\nTo: INFOCNTR (PHMSA) \nCc: Chuck Huston ; Cullen Jones ; Steve Cain\n\nSubject: Requesting a letter of interpretation\nDOT,\nI have spoken with multiple DOT hazardous material representatives on the DOT hotline, and don't get a real solid\nanswer on 49CFR 178.801 part 7 (iv).\n(7) Different /BC cJesign type is one that differs from a previously qualified IBC design tyr\nmaterial of construction; wall thickness, or manner of construction, but does not include\n(0 A packaging which differs in surfac e treatment;\n(:ii) A rigid plastic IBC or composite IBC which differs with regard to additives used to con\n178.707(c) or 178.710(c);\n(iii) A packaging which differs only in : its lesser external dimensions (i.e., height, width,\nconstruction and material thicknesses or fabric weight remain tile same;\n'le\n(iv) A packag ing wh ich differs in service equipment\nWe have an IBC tank with a 9\" lid having a 2\" center port with multiple configurations options. The 2\" port could be\nfitted with a pump, or with a micro-valve, or with a plug. My understanding is that all of these configurations could be\ncovered under the same UN certification test since they are the same \"design type\" (same wall thickness, same tank\nmaterial, same tank size).\nPlease clarify this interpretation.\n\n<<>>\n\nThank you,\nJason Furrer, P.E.\nProject Engineer\nwww .epi-roto.com\nl r·-t\nPlasti1 cs. Inc.\nElkhart Plastics, Inc. 51703 Packard Dr. • Middlebury, IN 46540\nP 574.825.9797 ext 172 F 574.825.1797 E Jason.Furrer@epi-roto.com\n2","truncated":false,"body_characters":4517}