{"operation":"document","citation":"19-0058","title":"Mark Hawk — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-09-12","effective_on":null,"summary":"19-0058 concerning 173.24, 173.461.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0058.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0058.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0058","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/72376/190058.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nSEP 1 2 2019\nMarkB. Hawk\nPackaging Management Council Coordinator\n8116 Villa Grande Lane\nKnoxville, TN 37938\nReference No. 19-0058\nDear Mr. Hawk:\nThis letter is in response to your May 6, 2019, letters requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the testing requirements for\nflexible Intermediate Bulk Containers (IBCs ).\nWe have paraphrased and answered your questions as follows:\nQ 1. You ask what the manufacturer can do to demonstrate that a flexible IBC design type\npackaging is \"capable of withstanding\" the vibration test in accordance with§ 178.819(a)\nother than actually performing the vibration test.\nAl. The manufacturer must use its discretion to meet this requirement. Determining whether\na flexible IBC is capable of withstanding the vibration test may be based on institutional\nknowledge, prior experience, modeling, or other data. Ultimately, it is the\nmanufacturer's responsibility to ensure the flexible IBC can meet the requirement, which\nmay include performance of the vibration test, or another method.\nQ2. You ask whether the methods outlined in§ 173.461(a) may be used for other packagings\nspecified in the HMR.\nA2. See Al. For a flexible IBC design type packaging, using one of the methods listed in\n§ 173.461(a) may satisfy the requirement.\nQ3. You ask where Part 173, Appendix C is referenced in the HMR.\nA3. While not specifically cited, Appendix C was included in Part 173 because of the\nreference to the vibration test required for non-bulk packagings in§ 173.24a(a)(5).\nI hope this information is helpful. Please contact us if we can be of further assistance.\n\n<<<PAGE 2>>>\n\nMay 6, 2019\nStandards and Rulemaking Division\nPipeline and Hazardous Materials Safety Administration (PHMSA)\nU.S. Department of Transportation (DOT)\nEast Building\n1200 New Jersey Avenue, SE\nWashington, CE 20590-0001\nSubject: Request for Clarification Concerning Methods Showing Compliance for DOT Capability\nRequirements\nDear Sir/Madam:\nClarifications to the questions below are requested as to the method(s) allowed by the DOT/PHMSA for\nan offeror of DOT authorized packagings to meet respective capability requirements.\nQuestion 1:\nWhat methods are authorized to show compliance for capability requirements for authorized DOT\nspecification or UN standard packagings besides physical testing?\nThroughout the DOT regulations for most authorized packagings, both performance tests and capability\nrequirements are stipulated. Obviously, for many capability requirements, performing testing of the\nauthorized packaging with the appropriate contents would prove the capability requirements are met.\nHowever, are there other methods besides P.erformance testing that show compliance for capability\nrequirements, and if so, where in the regulations are these methods indicated?\nThough there are many examples, one specific example is for a flexible Intermediate Bulk Container\n(IBC) to be capable of meeting the Vibration Test per 49 CFR 178.819. In this reference it is stated in\n178.819(a): \"General. The vibration test must be conducted for the qualification of all rigid /BC design\ntypes. Flexible IBC design types must be capable of withstanding the vibration test.\" Besides testing, how\nis an offerer to comply with the \"capable of withstanding\" part of this regulation? This question was\nasked of the PHMSA's Hazardous Materials Information Center recently and the only response provided\nwas to actually perform the Vibration Test.\nQuestion 2:\nIf the response from the PHMSA's Hazardous Materials Information Center concerning the flexible IBC\ndesign is accurate, why isn't the requirement for rigid IBC and flexible IBC design types the same? If the\nresponse is not accurate, how is the Vibration Test capability requirement to be met for a new flexible\nIBC design without actually performing Vibration Test?\nConcerning the above, 49 CFR 173.461(a) authorizes four methods to show compliance of Specification\n7A Type A packaging design requirements specified in 49 CFR 178.350 for both capability requirements\nand performance tests.\n\n<<<PAGE 3>>>\n\nQuestion 3: Can the methods authorized in 49 CFR 173.461(a) be used for other authorized packagings\nwithin the DOT regulations (e.g., DOT specification packagings, UN standard packagings, Industrial Type\npackagings)? And if so, where in the DOT regulations is this authorization stipulated?\nYour clarification of these issues will be appreciated.\nRespectfully,\nMark B. Hawk\nPackaging Management Council Coordinator\n8116 Villa Grande Lane,\nKnoxville, TN 37938\nPhone: 865-250-3300\n\n<<<PAGE 4>>>\n\nMay 6, 2019\nStandards and Rulernaking Division\nPipeline and Hazardous Materials Safety Administration (PHMSA)\nU.S. Department of Transportation (DOT)\nEast Building\n1200 New Jersey Avenue, SE\nWashington, CE 20590-0001\nSubject: Request for Clarification Concerning the Application of Appendix C to Part 173 - Procedure for\nBase-level Vibration Testing\nDear Sir/Madam:\nA clarification is requested as to the application of Appendix C to Part 173 - Procedure for Base-level\nVibration Testing. A search has been performed of the DOT regulations as to where the subject appendix\nwas used or referenced and nothing was found. In addition, the PHMSA's Hazardous Materials\nInformation Center was contacted and they could not provide a reference or use for Appendix C to Part\n173 within the DOT regulations.\nYour clarification as to any reference(s) to Appendix C to Part 173, or it's application would be\nappreciated.\nRespectfully,\n/I(~ fk,{_\nMark B. Hawk\nPackaging Management Council Coordinator\n8116 Villa Grande lane,\nKnoxville, TN 37938\nPhone: 865-250-3300","truncated":false,"body_characters":5813}