PHMSA Response Letter

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Mr. Russell Keith
Engineering
packgen Corporation
65 First Flight Drive
P.O. Box #1970
Auburn, Maine 04211

Ref. No.: 08-0114

Dear Mr. Keith:

This responds to your April 28, 2008 letter concerning the design and construction requirements for flexible intermediate bulk containers (IBCs) under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if a flexible IBC may be tested and marked as UN specification 13HZ if the flexible IBC does not have top lifting devices attached to it and is intended to be placed on a pallet, which is relied upon for mechanical lifting.

An Intermediate Bulk Container is defined by the HMR as a rigid or flexible portable packaging, other than a cylinder or portable tank, that is designed for mechanical handling (see § 171.8). A handling device for flexible IBC packagings is defined as any sling, loop, eye, or frame attached to the body of the IBC or formed by the continuation of the IBC body material (see § 178.710(b)(3)). If a flexible bulk packaging does not have any design features for mechanical handling (i.e., handling devices), then it does not meet the definition of an IBC under the HMR, and may not be tested and marked as UN specification 13HZ. Placement of a packaging on a pallet for mechanical handling does not satisfy the portion of the IBC definition that requires the packaging itself to be designed for mechanical handling.

I hope this information is helpful. Please contact us if you require additional assistance.

Sincerely,

John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards

171.8 178.710(b)(3)