{"operation":"document","citation":"20-0076","title":"Packgen — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2020-11-18","effective_on":null,"summary":"20-0076 response to Packgen concerning 171.8, 173.25, 177.834, 178.801, 178.803.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0076.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0076.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0076","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/74556/200076.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nNovember 16, 2020\nRussell Keith\nPackgen\n65 First Flight Drive\nP.O. Box 1970\nAuburn, ME 04211\nReference No. 20-0076\nDear Mr. Keith:\nThis letter is in response to your September 11, 2020, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to a flexible\nintermediate bulk container (IBC). You ask several questions regarding the flexible IBC testing\nand handling requirements when flexible IBCs are transported on pallets in commerce.\nSpecifically, you ask the questions with regard to a flexible IBC that has been successfully tested\nwithout securely attaching it to a base pallet.\nWe have paraphrased and answered your questions as follows:\nQ1. You ask whether the container (e.g., the flexible IBC) may be placed onto a base pallet\nfor ease of handling in transport.\nA1. The answer is yes.\nQ2. You ask whether the flexible IBC may be placed on a base pallet without any means of\nsecure attachment.\nA2. The answer is yes; however, for purposes of transportation, packages must be secured.\nFor example, for motor vehicle transportation, any package containing a hazardous\nmaterial not permanently attached to a motor vehicle must be secured against shifting,\nincluding relative motion between packages, within the vehicle on which it is being\ntransported under conditions normally incident to transportation (see § 177.834(a)).\nQ3. You ask whether the flexible IBC may be securely attached to a base pallet, via\nmechanical device nails, staples, strapping, or stretch wrapping.\n\n<<<PAGE 2>>>\n\nA3. The answer is yes. Securely attaching the flexible IBC to a base pallet with mechanical\ndevice nails, staples, strapping, or stretch wrapping is not prohibited as long as the\nattachment does not affect compliance with general and specification packaging\nrequirements in Parts 173 and 178 of the HMR, and provided such securement methods\ndo not permanently secure the flexible IBC to a base pallet. In the instance where the\nflexible IBC is permanently secured to a base pallet, it would likely be considered a new\ndesign type subject to further testing.\nQ4. You ask whether any of the methods of securing the flexible IBC to a base pallet (e.g.,\nmechanical device nails, staples, strapping, or stretch wrapping) constitute an “overpack”\nas defined in § 173.25.\nA4. The answer is yes. For purposes of the HMR, and as defined in § 171.8, an “overpack”\nmeans an enclosure that is used by a single consignor to provide protection or\nconvenience in handling of a package or to consolidate two or more packages. An\nexample of an overpack is a package placed or stacked onto a load board (i.e., a pallet)\nand secured by strapping, shrink wrapping, stretch wrapping, or other suitable means\n(emphasis added). Please note that securement methods that would permanently secure\nthe flexible IBC to a base pallet would not be considered an overpack. Permanently\nsecuring the flexible IBC to a base pallet would likely be considered a new design type\nand would require further testing.\nQ5. You ask whether the act of securely attaching a flexible “13HX” IBC to a base pallet\nrequires the packaging to be fully tested with a base pallet.\nA5. The answer is dependent on certain factors (see answer A3). In accordance with\n§ 178.801(d), the packaging manufacturer must achieve successful test results for the\ndesign qualification testing at the start of production of each new or different IBC design\ntype. The service equipment selected for this design qualification testing shall be\nrepresentative of the type of service equipment that will be fitted to any finished IBC\nbody under the design.\nFurthermore, in accordance with § 178.803, flexible IBCs must undergo the vibration, top\nlift, stacking, drop, topple, righting, and tear tests. Note that flexible IBCs are neither\nsubject to the bottom lift test nor are they subject to the top lift test if not designed to be\ntop lifted. However, as indicated in answer A3, securely attaching a base pallet to the\nflexible IBC is not prohibited within the HMR, but further testing of the flexible IBC may\nbe required depending on the manner of attachment.\nQ6. You ask whether the act of placing a flexible “13HX” IBC on a pallet without attachment\nto a base pallet requires the packaging to be fully tested with a base pallet.\n\n<<<PAGE 3>>>\n\nA6. The answer is no. Also, see answer A5.\nQ7. When testing is required, you ask whether the complete suite of tests (i.e., vibration,\nbottom lift, top lift, stacking, drop, topple, righting, and tear) is required or only the\nbottom lift test.\nA7. See answer A5.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 4>>>\n\nBaker\n20-0076\nFrom: INFOCNTR (PHMSA)\nTo: Subject: Date: Dodd, Alice (PHMSA); Hazmat Interps\nFW: Questions about pallets and IBCs\nWednesday, September 16, 2020 11:57:55 AM\nAttachments: 2020 Pallet Interpretations.pdf\nDear Alice,\nPlease see attached for a letter of interpretation request. Please contact our office with any\nquestions.\nThank you,\nSarah (HMIC)\nFrom: Russ Keith [mailto:rkeith@packgen.com]\nSent: Friday, September 11, 2020 8:17 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Questions about pallets and IBCs\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or\nopen attachments unless you recognize the sender and know the content is safe.\nDear Sirs / Madams:\nAttach is a PDF document with several questions regarding the use of base pallets in\nconjunction with Flexiable packagings. Should this not be the correct station please contact\nme so that I may direct the questiond to the proper people.\nRegards,\nRussell Keith\nSr. Engineer\nManufacturing / Development\npackgen\nEmail: rkeith@packgen.com\nTele: 207-784-4195 (x214)\nFax: 207-777-3178\nPrivileged/Confidential Information may be contained in or attached to this message. If you\nare not the addressee indicated in this message (or responsible for delivery of the message\nto such person), you may not copy or deliver this message or attachments to anyone. In\nsuch case, you should destroy this message and notify the sender by reply email. Opinions,\n\n<<<PAGE 5>>>\n\nconclusions and other information in this message that do not relate to the official business\nof Packgen shall be understood as neither given for endorsed by it.","truncated":false,"body_characters":6608}