Elkhart Plastics, Inc — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 OEC 1 2 2018 Jason Furrer Elkhart Plastics, Inc. 51703 Packard Drive Middlebury, IN 46540 Reference No. 18-0107 Dear Mr. Furrer: This letter is in response to your July 19, 2018, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the marking of intermediate bulk containers (IBCs). Specifically, you ask if it is permissible to mark an IBC with leftover decals showing a higher marked weight than the recertified marked weight. The answer is no. Section 178.703 requires the marking of the maximum permissible gross mass in kilograms. Marking a higher weight would not meet this requirement. An IBC that is marked to the previously-allowed, higher weight could lead to confusion when filling the package and, possibly, to failure of the package due to overloading. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, ~~~cs T. Glenn Foster Chief, Regulatory Review and Reinvention Standards and Rulemaking Division#

Page 2LO &-f2_ c<.9---Ff-. -r,~C /f;- 0 10·7 Dodd, Alice (OST) From: Sent: To: Subject: INFOCNTR (PHMSA) Friday, July 20, 2018 1:04 PM Hazmat Interps FW: Requesting a letter of interpretation Hi lkeya, questions. Thanks, Jodi Below is a request for an letter of interpretation. Mr. Furrer spoke with Lynsie. Please let me know if you have any From: Jason Furrer [mailto:jason.furrer@epi-roto.com] Sent: Thursday, July 19, 2018 7:55 AM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Cc: Chuck Huston <Chuck.Huston@epi-roto.com> Subject: Requesting a letter of interpretation DOT, Each year we renew our IBC UN certifications there is a potential for the Marked Weight to change. This is a considerable expense in making new decals and disposing of leftover decal inventory. I am requesting a letter of interpretation to confirm Benjamin Moore's statement that as long as the recertification marked weight comes in below that of the previous certifications, we can continue using the decals of the higher marked weight. Thank you, Jason Furrer, P.E. Project Engineer www .epi-roto.com l Plastii cs. Inc. Elkhart Plastics, Inc. 51703 Packard Dr. Middlebury, IN 46540 P 574.825.9797 ext 172 F 574.825.1797 E Jason.Furrer@epi-roto.com 1#