{"operation":"document","citation":"CHI-14-001","title":"Reusable Industrial Packaging Association — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-02-26","effective_on":null,"summary":"CHI-14-001 response to Reusable Industrial Packaging Association concerning 180.350, 180.352.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-chi-14-001.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-chi-14-001.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-chi-14-001","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Hazmat/ChiefCounsel/CHI-14-001.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n1200 New Jersey Avenue, S.E.,\nPipeline and Hazardous\nPHC-10, Room E26-331\nMaterials Safety Administration\nOffice of\nWashington, D.C. 20590-0001\nChief Counsel\nPhone: (202) 366-4400\nFax: (202) 366-7041\nHazardous Materials Safety\nLaw Division\nLETTER OF INTERPRETATION\nFebruary 26, 2014\nMr. Paul W. Rankin, President\nReusable Industrial Packaging Association\n51 Monroe Street, Suite 812\nRockville, MD 20850\nReference No.: 12-0056R and CHI-13-001R\nDear Mr. Rankin:\nOn May 16, 2012 and August 16, 2013, PHMSA issued Interpretations No. 12-0056 and CHI-\n13-001, respectively. At the request of the Reusable Industrial Packaging Association, a review\nof those letters and the relevant requirements in the Hazardous Materials Regulations (HMR; 49\nCFR Parts 171-180), PHMSA hereby rescinds both letters and issues the following Interpretation\nwith respect to the matters discussed in those letters.\nIn accordance with § 180.350(b), the replacement of the rigid inner receptacle of a composite\nIBC with one from the original manufacturer is considered a repair. As stated in §\n180.352(d)(1), repaired IBCs may be returned to service provided: (i) The repaired IBC\nconforms to the original design type, is capable of withstanding the applicable design\nqualification tests, and is retested and inspected in accordance with the applicable requirements\nof this section; (ii) an IBC intended to contain liquids or solids that are loaded or discharged\nunder pressure is subjected to a leakproofness test as specified in § 178.813 of this subchapter\nand is marked with the date of the test; (iii) the IBC is subjected to the internal and external\ninspection requirements as specified in § 180.352(b); (iv) the person performing the tests and\ninspections after the repair [emphasis added] must durably mark the IBC near the\nmanufacturer's UN design type marking to show the country in which the tests and inspections\nwere performed, the name or authorized symbol of the person performing the tests and\ninspections, and the date (month, year) of the tests and inspections; and (v) retests and\n\n<<<PAGE 2>>>\n\n2\ninspections performed in accordance with paragraphs (d)(1)(i) and (ii) of this section may be\nused to satisfy the requirements for the 2.5 and five year periodic tests and inspections required\nby paragraph § 180.352(b).\nAdditionally, in accordance with 180.352(g)(1), the owner or lessee of the IBC must keep\nrecords of periodic retests, initial and periodic inspections, and tests performed on the IBC if it\nhas been repaired and manufactured. As stated in 180.352(g)(2), those records must include\ndesign types and packaging specifications, test and inspection dates, name and address of test\nand inspection facilities, names or name of any person conducting the test or inspections, and\ntest, inspection specifics and results. In accordance with 180.352(g)(3), those records must be\nkept for each packaging at each location where periodic tests are conducted, until such tests are\nsuccessfully performed again or for at least 2.5 years from the date of the last test. These records\nmust be available for inspection by a representative of the Department of Transportation upon\nrequest.\nIn summary, as noted above, a person replacing the rigid inner receptacle of a composite IBC\nwith one from the original manufacturer must then fulfill all of the HMR requirements associated\nwith the repair of the IBC, including tests, inspections, record-keeping, and marking.\nSincerely,\nJaul Solemy\nJoseph Solomey,\nSenior Assistant Chief Counsel for\nHazardous Materials Safety\n2","truncated":false,"body_characters":3605}