[Federal Register Volume 59, Number 142 (Tuesday, July 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16673]


[[Page Unknown]]

[Federal Register: July 26, 1994]


_______________________________________________________________________

Part II





Department of Transportation





_______________________________________________________________________



Research and Special Programs Administration



_______________________________________________________________________



49 CFR Part 171, et al.




Intermediate Bulk Containers for Hazardous Materials; Final Rule
DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 171, 172, 173, 178, and 180

[Docket No. HM-181E; Amdt. Nos. 171-126, 172-136, 173-238, 178-103, 
180-5]
RIN 2137-AC23

 
Intermediate Bulk Containers for Hazardous Materials

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Final rule.

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SUMMARY: RSPA is amending the Hazardous Materials Regulations to 
include requirements for the construction, maintenance and use of 
intermediate bulk containers (IBCs) for the transportation of hazardous 
materials. The amendments are based on standards contained in the 
United Nations Recommendations on the Transport of Dangerous Goods (UN 
Recommendations) and the commodity assignments set forth in the 
International Maritime Organization's (IMO's) International Maritime 
Dangerous Goods (IMDG) Code. This final rule establishes safety 
standards for IBCs; allows for flexibility and technological innovation 
in the development of IBC design types; eliminates the need for most 
DOT exemptions applying to polyethylene, rigid, and flexible IBCs; 
enhances safety; and harmonizes domestic provisions for IBCs with 
international provisions.

DATES: Effective: September 30, 1994.
    Compliance date: Compliance with the regulations, as amended 
herein, is authorized as of August 12, 1994.
    Incorporation by reference: The incorporation by reference of 
certain publications listed in these amendments has been approved by 
the Director of the Federal Register as of September 30, 1994.

FOR FURTHER INFORMATION CONTACT: John Potter, Office of Hazardous 
Materials Standards, (202) 366-4488, or William Gramer, Office of 
Hazardous Materials Technology, (202) 366-4545, RSPA, U.S. Department 
of Transportation, 400 Seventh Street SW., Washington DC 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Background

    On August 14, 1992, RSPA published in the Federal Register a notice 
of proposed rulemaking (NPRM) (Docket No. HM-181E; Notice 92-7; 57 FR 
36694) proposing to amend the Hazardous Materials Regulations (HMR; 49 
CFR Parts 171-180) by incorporating requirements for the construction, 
maintenance and use of intermediate bulk containers (IBCs) for the 
transport of hazardous materials. Requirements in this final rule 
continue the process initiated under Docket No. HM-181 (55 FR 52402-
52720, Dec. 21, 1990; 56 FR 66124-66287, Dec. 20, 1991) of adopting 
performance-oriented packaging standards based, in part, on UN 
Recommendations. This final rule also responds to a petition for 
rulemaking (P-1103) from the Rigid Intermediate Bulk Container 
Association (RIBCA) requesting adoption of IBC requirements based on 
the UN Recommendations.
    The construction and design testing requirements for IBCs contained 
in this final rule are based, in large part, on standards specified in 
Chapter 16 of the UN Recommendations. These standards include 
definitions, specifications, performance test requirements, inspection, 
and periodic testing of metal, rigid plastic, composite, fiberboard, 
wooden, and flexible IBCs.
    A major benefit of this final rule is the elimination of the need 
for a number of exemptions. RSPA believes that regulating the 
manufacture and use of IBCs under the HMR will enhance technological 
innovation, particularly in the development of polyethylene and 
composite IBCs. The elimination of the need for IBC exemptions also 
frees manufacturers from the cost and administrative burdens associated 
with obtaining, using and renewing exemptions.
    Two commenters urged RSPA to grandfather existing plastic and 
composite IBCs currently under exemptions that withstand performance 
test requirements proposed in the NPRM. RSPA recognizes the need for a 
policy which eliminates unnecessary exemptions but permits the 
manufacture and use of IBCs that already meet UN standards or offer an 
equivalent level of safety. Therefore, in this final rule, RSPA is 
establishing four options to address IBC packagings currently 
manufactured and used under terms of an exemption:
    (1) RSPA will consider renewing the terms of a DOT exemption IBC in 
accordance with the provisions in subpart B of part 107 until October 
1, 1996. With a two-year exemption term, IBCs could be used until 
October 1, 1998.
    (2) Exemption IBC packagings meeting new construction and design 
type test standards adopted in subparts N and O of part 178 in this 
final rule may be remarked and certified as UN standard packagings. In 
such cases, exemptions would no longer be needed.
    (3) Under the approval of equivalent packagings provided in 
Sec. 178.801(i), an exemption intermediate bulk container which differs 
from the standards in subpart N of this part, or which is tested using 
methods other than those specified in subpart O of this part, may be 
approved as a UN standard packaging by the Associate Administrator for 
Hazardous Materials Safety. Such intermediate bulk containers must be 
shown to be equally effective, and testing methods used must be 
equivalent. The exemption numbers must be retained for reference.
    (4) Exemptions issued for IBC packagings after the effective date 
of this final rule will be based on the construction and testing 
standards established in subparts N and O to part 178 in this final 
rule.
    Although not a complete list, the following 128 exemptions 
authorizing IBCs are potentially affected by the adoption of the UN IBC 
standards:

5520
6743
7259
7543
7622
7625
7869
8087
8094
8136
8146
8225
8303
8332
8351
8444
8570
8588
8629
8631
8653
8681
8692
8779
8784
8798
8839
8861
8871
8883
8884
8910
8921
8937
8942
8982
9015
9042
9046
9052
9062
9078
9089
9092
9110
9116
9117
9133
9140
9144
9150
9201
9213
9272
9289
9319
9340
9367
9374
9396
9400
9440
9498
9503
9519
9531
9533
9534
9592
9628
9637
9645
9658
9690
9692
9701
9713
9783
9789
9804
9805
9806
9819
9846
9889
9917
9920
9923
9938
9944
9983
9996
10021
10090
10104
10135
10172
10273
10298
10318
10340
10362
10468
10476
10513
10537
10547
10562
10563
10570
10598
10633
10679
10687
10694
10725
10738
10764
10775
10811
10826
10828
10837
10841
10852
10864
10894
10897

II. Summary of Rulemaking Actions in Response to Comments

    Seventy-three commenters responded to the NPRM. Commenters 
unanimously supported general adoption of IBC standards based on 
Chapter 16 of the UN Recommendations, but with modifications for 
domestic transportation. One commenter said that adoption of 
international IBC standards ``will not only ensure safety and 
facilitate transport but will improve competitiveness of American 
industries engaged both in the sale of hazardous materials, and of 
hazardous materials packagings, in the global marketplace.'' Other 
specific comments are addressed in Part III, Review by Section. Based 
on the merits of comments, RSPA is: (1) limiting the applicability of 
``secondary protection'' to IBCs intended for vessel transportation, in 
accordance with the IMDG Code (RSPA also is requiring Packing Group I 
and II hazardous materials in certain IBC types to be further packed in 
closed transport vehicles); (2) permitting replacement of repaired add-
on plastic components; (3) revising the definition of IBC ``body'' by 
excluding service equipment, thus permitting more flexibility in what 
previously were considered design-type changes, without requalification 
testing; (4) establishing a vibration test requirement for rigid IBCs 
and a vibration capability standard for flexible IBCs; and (5) setting 
forth in a single table in Sec. 178.803 the IBC design qualification 
testing proposed in Secs. 178.810-819 for the certification of metal, 
rigid plastic, composite, fiberboard, wooden, and flexible IBC types.
    RSPA also is adopting certain recommendations approved for the 
Eighth revised edition of the UN Recommendations during the 17th 
session of the UN Committee of Experts (December 7-16, 1992). These 
include authorization of Packing Group I solids in IBCs, with certain 
quantity restrictions; addition of a Packing Group I drop test, and 
deletion of the 10-minute hold on production line leakproofness 
testing.
    RSPA is establishing generic IBC commodity assignments in 
Secs. 173.240 through 173.243 with certain special provisions in 
Sec. 172.102. Generally, IBC commodity assignments are based on the 
lists of liquid and solid ``Substances Suitable for Transport in 
Intermediate Bulk Containers,'' contained in the IMDG Code. However, 
RSPA is authorizing the use of IBCs for some materials that are not 
allowed by the IMDG Code to be transported in any IBC or in a specific 
IBC type.
    Because DOT Specification 56 (DOT 56) and 57 (DOT 57) portable 
tanks are functionally IBCs, these design-types will be covered by the 
provisions of this rule. This coverage will obviate the necessity to 
maintain these older standards for metal IBCs. Consequently, RSPA is 
not authorizing the manufacture of DOT 56 and 57 portable tanks after 
October 1, 1996. However, RSPA will permit continued domestic use of 
DOT 56 and 57 portable tanks for as long as they meet the retest 
provisions contained in Sec. 173.32(e).
    For reasons discussed in Part III, Review by Section, RSPA is not 
adopting commenters' suggestions to: (1) remove the proposed 450-liter 
(119- gallon) lower IBC capacity limit, (2) authorize non-specification 
IBCs, (3) remove testing requirements for periodic design 
requalification by incorporating quality assurance programs based on 
documentation, or (4) permit reuse of flexible IBCs. RSPA also is not 
adopting the five-year limit on plastic IBC service proposed in 
Secs. 173.35(h) and 180.351(c).

III. Review by Section

Part 171

    Section 171.7. A puncture-resistance standard for fiberboard 
packagings (ISO 3036-1975) is added to the table of material 
incorporated by reference in paragraph (a), as approved by the Federal 
Register. RSPA believes that approved changes in the frequency of IBC 
design requalification testing must be based on a detailed quality 
assurance program, but not on any particular set of quality assurance 
standards. RSPA believes that limiting quality assurance standards to 
those set forth in ISO 9000 by itself would not be adequate. Therefore, 
reference to the quality assurance standard under ISO 9000 in proposed 
Sec. 178.801(e)(2)(i) is deleted.
    Section 171.8. A definition of ``intermediate bulk container'' is 
added in this section to mean a rigid or flexible portable packaging, 
other than a cylinder or portable tank, which is designed for 
mechanical handling. The proposed reference to ``semi-rigid'' IBCs is 
not adopted because specifications have yet to be developed for this 
type of IBC construction.
    IBC capacity limits have been removed from the general IBC 
definition in this section and are placed in the IBC standards in 
Sec. 178.700(c)(1). The definition ``UN standard packaging'' is revised 
to include reference to newly added subparts N and O of Part 178. In 
this final rule, ``secondary containment'' applies only to IBCs 
intended to be transported by vessel which may require ``secondary 
protection,'' as specified in Section 26 of the IMDG Code. Therefore, 
the definition ``secondary containment'' is removed (See discussion in 
the preamble to Sec. 173.240-243).
    Section 171.12. This section is revised to authorize the use of 
IBCs in accordance with the IMDG Code for shipments involving 
transportation by vessel. RIBCA suggested that RSPA amend paragraph 
(b)(5) to require rigid IBCs to pass the vibration test in proposed 
Sec. 178.819. RIBCA said this test ``needs to apply to all IBCs being 
transported in this country.'' This suggestion is not adopted. In final 
rules under Docket HM-181, RSPA did not require that imported non-bulk 
packagings be capable of passing the vibration standard in 
Sec. 178.608, unless they are filled or refilled in the U.S. In this 
final rule, USA-marked rigid IBCs, and foreign-manufactured rigid IBCs 
filled in the U.S., must withstand the vibration test in Sec. 178.819. 
Flexible IBCs must be capable of withstanding this test.

Part 172

    Sections 172.101-102. The Hazardous Materials Table (HMT) is 
revised by adding special provisions B100, B101, B103 and B104 as 
proposed. These special provisions prohibit the transportation of 
particular materials in certain or all IBCs, and set forth special 
conditions for use of IBCs. In this final rule, Special Provision B101 
is revised to authorize metal IBCs for certain liquid and solid 
materials. Proposed B102 is incorporated into B101, and is not adopted. 
IBC authorizations pertaining to six materials under Special provisions 
B101 and B100 have been revised in this final rule. Five dual hazard 
materials proposed to be authorized only in metal IBCs under Special 
provision B101 also are authorized generically for metal IBCs 
Sec. 173.243. To remove this redundancy, the references to B101 for 
these materials have been removed from the Sec. 172.101 Table.
    For consistency with the IMDG Code, in this final rule, RSPA is 
prohibiting the use of IBCs for several Division 4.3 and Division 4.2 
Packing Group I materials that were inadvertently authorized in the 
notice. Also for consistency with the IMDG Code, RSPA is adding 
additional IBC use limitations and operating requirements in Special 
provisions B105, B106, B108, B109 and B110. For example, B106 requires 
that IBCs be ``vapor tight'' (i.e., IBCs that will prevent any vapor 
from entering or escaping during transportation. A vapor tight IBC must 
be capable of passing the leakproofness test in 178.813). Special 
provision B108 requires that materials in Division 4.3 Packing Group 
III be in sift-proof, water resistant flexible, fiberboard or wooden 
IBCs packed in a closed transport vehicle. Special provision B110 
authorizes IBCs for Bromobenzyl cyanides, solid and Divinyl ether, 
inhibited only if packaged in accordance with Sec. 173.242(d). These 
materials inadvertently reference Secs. 173.240 and 173.241.
    Section 172.322. In response to a petition for reconsideration 
received under Docket HM-211 addressing marine pollutants, this section 
is revised to provide a partial exception from the marine pollutant 
marking requirements for small bulk packagings (packages with 
capacities of up to 3,785 liters [1,000 gallons]). Consistent with 
recently adopted marine pollutant requirements for other bulk packages, 
IBCs (limited to an upper capacity of 3,000 liters, 793 gallons) 
require two, instead of four, marine pollutant markings.
    Section 172.514. Paragraph (c)(4) is added, as proposed, to require 
all IBCs to be labeled or placarded on two opposite sides.

Part 173

    Section 173.24. Paragraph (d) is revised to require IBCs 
manufactured under performance-oriented standards to conform to 
subparts N and O of part 178. The requirement that measures must be 
taken to prevent electrostatic discharge proposed in paragraph (j) of 
this section, has been moved in this final rule to Sec. 173.35(k).
    Section 173.32. A grandfather provision for DOT 56 and 57 portable 
tanks is added in paragraph (d). DOT 56 and 57 portable tanks may not 
be manufactured after September 30, 1996. DOT 56 and 57 portable tanks 
manufactured before October 1, 1996, may continue in hazardous 
materials service for the commodities currently authorized as long as 
they meet the retest requirements in paragraph (e) of this section.
    One commenter pointed out that the retest requirements (every two 
years) for DOT 52, 53, 56 and 57 portable tanks in 
Sec. 173.32(e)(1)(ii) should be made consistent with the 2.5 year 
retest and inspection requirements in (b)(1) and (b)(2) for all other 
IBCs intended for liquids or for solids loaded and discharged under 
pressure. The commenter said ``this consistency would be most helpful 
in establishing general retest procedures at user sites.'' RSPA agrees 
that, for consistency with retest period requirements for metal, rigid 
plastic and composite IBCs in Sec. 180.352, DOT 52, 53, 56 and 57 
portable tanks should be retested every 2.5 years. Paragraph (e)(1)(ii) 
is revised accordingly.
    Dual-marked portable tanks certified to both pre-October 1, 1996 
DOT 56 or 57 specifications and the metal IBC standards adopted in this 
final rule must conform to the pre-October 1, 1996 retest requirements 
in Sec. 173.32(e) and the metal IBC retest and inspection requirements 
adopted in subpart D to part 180 of this final rule.
    Section 173.35. This section contains operational requirements for 
the use of IBCs. IBC filling limits and vapor pressure limits for rigid 
plastic or composite IBCs intended to contain liquids or solids are 
addressed. Under this section, each IBC and its service equipment, 
before being filled and offered for transportation, must be visually 
inspected to ensure that it is free from corrosion, contamination, 
cracks, or other damage which would render it unsafe for 
transportation. Operational requirements prescribed in this section 
apply only to IBCs manufactured in accordance with subparts N and O of 
part 178. For DOT 52, 53, 56 and 57 portable tanks, operational 
requirements remain in Sec. 173.32. DOT 56 and 57 portable tanks 
manufactured before October 1, 1996 continue to be subject to 
requirements in Sec. 173.32 for the service life of these units.
    Commenters opposed the proposed ban, in paragraph (b), on the use 
of rigid plastic or composite IBCs with repaired plastic components. 
RIBCA contended that ``precluding replacement or repair of any damaged 
plastic component would quickly remove IBCs from service long before 
they have served their useful lives.'' RIBCA added that many plastic 
components are satisfactorily replaced or repaired. RIBCA suggested 
that paragraph (b) be amended to read: ``no rigid plastic or composite 
IBC with a repaired plastic body (except for openings and closures) may 
be reused,'' but that it allow such essential plastic parts as 
closures, pallets, valve door or leg, to be replaced.
    Consistent with a new UN-recommended definition of ``IBC body'' as 
the ``receptacle proper'' that does not include service equipment (see 
Sec. 178.700(c)(1)), RSPA agrees that no repair of a rigid plastic IBC 
body or plastic inner receptacle should be permitted. RSPA agrees, 
therefore, proposed paragraph (b) is revised in this final rule to 
permit repair or replacement of add-on plastic components. Under this 
revision, for example, repair of a threaded opening considered part of 
the IBC body is not permitted. Conversely, replacement of service 
equipment, such as a screw-on plastic closure with stripped threads, is 
permitted.
    Several commenters, including the Chlorobenzene Producers 
Association (CPA), asked RSPA to remove the proposed provision in 
paragraph (b) forbidding reuse of flexible IBCs. CPA said such a 
prohibition is wasteful and unnecessary and there is no basis for 
rejecting the inspection and reuse alternative for flexible IBCs. CPA 
asserted that a ban on flexible IBC reuse would aggravate U.S. solid 
waste disposal problems and that the ban ``conflicts with goals of 
waste minimization.'' Another commenter said that ``economics, safety 
and environmental concerns all point to reusability.'' CPA added that a 
categorical ban on flexible IBC reuse also would retard innovation in 
the development of flexible IBC design types, including development of 
durable, reusable construction materials.
    RSPA does not agree that reuse of flexible IBCs should be 
permitted. Flexible IBCs have not been permitted to be reused in the 
past under provisions of exemptions or approvals. RSPA does not have 
evidence that fiberboard, wooden or flexible IBCs are designed to be, 
or are suitable for, reuse in hazardous materials service. Therefore, 
as proposed in paragraph (b), fiberboard, wooden and flexible IBCs may 
not be reused for hazardous materials.
    One commenter said proposed paragraph (c), requiring added 
thickness to compensate for IBC body thinning by corrosion or 
mechanical abrasion, does not go far enough. The commenter recommended 
that shippers be required to ``verify lading compatibility to the IBC 
material of construction.'' The commenter said that allowing an 
increased thickness to compensate for corrosion ``could lead to the 
failure or leakage of a metallic IBC.'' The commenter added that rates 
of corrosion are ``affected by temperature, pressure, etc., and 
therefore, added thickness may not be enough to prevent a leaker.''
    RSPA disagrees. Shippers currently are required to comply with 
general requirements in subpart B of part 173 to assure the integrity 
of all hazardous materials packagings under conditions normally 
incident to transportation. Section 173.24(e)(1) specifically requires 
that all packagings be compatible with their lading. Failure to comply 
with compatibility requirements in Sec. 173.24(e)(1) may result in a 
thinning of the IBC body below thickness standards specified in 
Sec. 178.705(c) for metal IBCs, possibly resulting in leakage. RSPA 
believes that increasing IBC body thickness is necessary to ensure 
design-type integrity. Therefore, as proposed, RSPA is adopting 
paragraph (c) requiring that a metal IBC, subject to thinning by 
mechanical abrasion or corrosion due to the lading, be protected by 
providing a suitable increase in thickness of material, a lining or 
some other suitable method of protection.
    Three commenters, including the National Agricultural Chemicals 
Association (NACA), opposed the five-year authorized period for use of 
rigid plastic IBCs and plastic inner receptacles of composite IBCs 
proposed in paragraph (h). One commenter said that a use restriction 
should not be included in a final rule without further input from 
industry regarding what a suitable in-use life should be for plastic 
IBCs, following the approach taken for non-bulk plastic packagings. For 
domestic uses of plastic IBCs, RSPA concurs with these commenters and, 
therefore, is not adopting the five-year use restriction for rigid 
plastic IBCs and inner plastic receptacles of composite IBCs proposed 
in paragraph (h). Internationally, the five-year use restriction may 
still be applied.
    Proposed paragraph (i) is adopted as paragraph (h) and is clarified 
to distinguish between the use of gauge and absolute pressures when 
determining suitability of plastic and composite IBCs for liquid 
hazardous materials based on their vapor pressures. The test pressure 
marked on the IBC is a gauge pressure. Gauge pressure consists only of 
the vapor pressure of the hazardous material in the IBC that exceeds 
atmospheric pressure. Absolute pressure consists of ambient atmospheric 
pressure plus the vapor pressure of the hazardous material in the IBC. 
Vapor pressure of the hazardous material is the pressure exerted on the 
IBC by gases emitted by the material.
    RIBCA pointed out that proposed vapor pressure requirements in 
paragraph (i)(2) apply to all IBCs, whereas in proposed paragraph 
(d)(2)(viii) in Secs. 173.241 and 173.242, identical requirements apply 
only to metal IBCs. Accordingly, paragraph (h)(2) in this final rule 
applies the 110 kPa (16 psi) vapor pressure restriction only to metal 
IBCs. There is a test pressure limit for metal IBCs of 200 kPa (29 
psig) which must not be exceeded by the vapor pressure of any material 
times a factor of safety of 1.5 or 1.75 depending on temperature.
    Consistent with recommendations in the Eighth revised edition of 
the UN Recommendations, RSPA also is adding paragraph (j), which 
establishes a maximum capacity of 1.5 cubic meters (17.7 cubic feet) 
for rigid plastic, composite, flexible, fiberboard, and wooden IBCs 
authorized to transport Packing Group I solids. For metal IBCs, the 
maximum allowable capacity for Packing Group I solids remains at 3 
cubic meters (35.3 cubic feet). No Packing Group I liquid is authorized 
in IBCs (see paragraph (d)(2)(i) in Secs. 173.242 and 173.243).
    Several commenters urged RSPA not to adopt proposed paragraph (j) 
in Sec. 173.24 pertaining to the prevention of electrostatic discharge. 
They claimed that the discharge danger occurs only in plant operations 
and not during transportation. One commenter asserted that the wording 
of proposed paragraph (j) ``establishes a new requirement applicable to 
all packagings.'' RSPA agrees that prevention against electrostatic 
discharge is not required during transportation, although a danger does 
exist during loading and unloading operations. Accordingly, RSPA is 
revising the requirement proposed in paragraph (j) to prevent 
electrostatic discharge only during the loading and unloading of 
flammable liquids and powders that could result in an explosion. This 
requirement applies to IBCs used in all modes, not just highway (see 
Sec. 177.837(b)). Because this is an operational requirement, the 
provision proposed in Sec. 173.24(j) is moved to Sec. 173.35 and 
adopted as paragraph (k).
    Section 173.225. As proposed, RSPA is adopting a modified form of 
Table 11.4 in the UN Recommendations, authorizing four organic peroxide 
materials in 31HA1 composite IBCs. Special conditions for certain 
organic peroxides transported in IBCs also are prescribed. One 
commenter requested an extension of organic peroxide authorizations in 
IBCs to include all organic peroxides in the Type F and G categories, 
liquids and solids, if they meet the definitions for those categories 
in Sec. 173.128. RSPA agrees that type F organic peroxides currently 
authorized for bulk packagings are suitable for IBCs. Therefore, RSPA 
is amending footnote 14 to the Organic Peroxides Table in Sec. 173.225 
to authorize IBCs for Type F organic peroxides. Because Type G organic 
peroxides are not subject to the requirements of this section, there 
are no IBC restrictions that apply to this material.
    Sections 173.240-243. These generic bulk packaging sections are 
amended to authorize IBCs for certain solids and liquids and in 
Secs. 173.242 and 173.243 to prohibit the use of IBCs for Packing Group 
I. In Secs. 173.242 and 173.243, RSPA is authorizing Packing Group I 
solids in both metal IBCs with capacities of up to 3 cubic meters (35.4 
cubic feet) and non-metal IBCs with capacities up to 1.5 cubic meters 
(17.7 cubic feet).
    Commenters urged RSPA to authorize non-specification IBCs 
consistent with existing packaging provisions which permit non-
specification portable tanks for low-hazard materials, and with 
Sec. 173.150(f)(3), which allows combustible materials meeting no other 
hazard class criteria to be shipped in non-specification bulk 
containers. These requests are not adopted. RSPA believes that IBCs 
should meet the performance standards adopted in this rule as a 
condition for use. Therefore, metal, rigid plastic, composite, 
fiberboard, wooden and flexible IBC types authorized in 
Secs. 173.240(d) and 173.241(d) must be constructed as prescribed in 
subpart N, and tested in accordance with subpart O, of part 178.
    The NPRM inadvertently proposed that certain dual-hazard materials 
be authorized for transport in all rigid IBCs. The generic 
authorizations proposed in Sec. 173.243 for these materials deviate 
from the level of containment intended for these materials. Therefore, 
consistent with RSPA's policy, as stated in Docket HM-181, to emphasize 
package integrity as a principal means of maintaining hazardous 
materials transportation safety, Sec. 173.243(d)(1) is revised to limit 
multiple-hazard materials to metal IBCs.
    One commenter noted that, under the proposed regulation, materials 
having a subsidiary hazard of Class 3, but with a flash point higher 
than 100 deg. F, or having a subsidiary hazard of Division 6.1, Packing 
Group III, would no longer be authorized in DOT 57 portable tanks. The 
commenter urged RSPA to address this situation in this rulemaking. 
Under HM-181, most liquid multiple-hazard materials are assigned 
packagings in Sec. 173.243, which does not specifically list the DOT 57 
portable tank. RSPA recognizes that in HM-181, certain materials with 
low subsidiary hazards of flammability and toxicity have been assigned 
packaging in Sec. 173.243 (generic authorizations for certain high 
hazard liquids and dual hazards) for the transport of these materials. 
Therefore, in Sec. 173.243(e) of this final rule, a dual hazard 
material with a subsidiary hazard of either Class 3 with a flash point 
exceeding 100  deg.F or Division 6.1, Packing Group III, may be 
packaged in accordance with Sec. 173.242.
    In this final rule, specific IBC requirements for Division 4.3 
DANGEROUS WHEN WET materials are provided under Special Provisions in 
the Sec. 172.101 Table. Therefore, generic IBC authorizations and 
operating requirements for these materials in proposed paragraphs 
(d)(2)(v) and (d)(2)(vii) in Secs. 173.240, 173.241, 173.242 and 
173.243 are not adopted (see previous discussion under Sec. 172.101).
    Commenters opposed the broad applicability of the proposed 
``secondary containment'' requirement as proposed in the NPRM, which 
stated that freight containers or vehicles containing IBCs ``should 
have rigid sides or fencing at least to the height of the IBCs.'' 
Several commenters asserted that applying such a requirement to IBCs 
shipped by surface transportation would create hardships for retail 
dealers and farmers. RIBCA said the proposed definition of ``secondary 
containment'' would preclude the use of IBCs or greatly increase 
handling costs. Commenters urged RSPA to narrow the applicability of 
``secondary containment'' to vessel transportation and to use the term 
``secondary protection,'' consistent with the IMDG Code. RSPA concurs. 
Accordingly, in this final rule, the proposed requirement that 
materials in Packing group II be transported in IBCs employing 
secondary containment are removed. IBCs containing hazardous materials 
intended for transportation may require secondary protection in 
accordance with Section 26 of the IMDG Code. However, RSPA believes 
that, consistent with the terms in many existing IBC exemptions, 
medium-level and higher hazard materials in certain IBC types must be 
protected from environmental exposure. Since the broad applicability 
for ``secondary containment'' has not been adopted for highway and rail 
transportation, RSPA is adding Secs. 173.242(d)(2)(iv) and 
173.243(2)(iii) requiring flexible, fiberboard, wooden and composite 
IBCs with fiberboard outer bodies for Packing Group I materials and in 
Secs. 173.240(d)(2)(ii), 173.241(d)(2)(iii) for Packing Group II 
materials in flexible, fiberboard and wooden IBCs must be transported 
in closed freight containers or closed transport vehicles. Because a 
general standard is established in Sec. 178.704 requiring all IBCs be 
sift-proof and water resistant, RSPA is not adopting proposed paragraph 
(d)(2)(vi) in Secs. 173.240, 173.241, 173.242 and 173.243 requiring 
flexible, fiberboard or wooden IBCs used to transport Class 8 materials 
to be water resistant. In Secs. 173.240, 173.242, 173.242 and 173.243 
proposed paragraph (d)(2)(ix) prohibiting the use of bottom outlets on 
IBCs containing materials with a primary hazard class of 3 and a 
subsidiary hazard class of Division 6.1 is not adopted in this final 
rule. RSPA believes prohibiting the use of bottom outlets on IBCs goes 
beyond existing requirements in the HMR and would not be consistent 
with other packaging authorizations. If use of bottom outlets on IBCs 
containing these materials presents a safety concern, this issue can be 
considered in a future rulemaking.

Part 178

    Sections 178.251, 178.252 and 178.253 are removed since the 
manufacture of DOT 56 and 57 metal portable tanks is prohibited after 
September 30, 1996 (see Sec. 173.32 (d)).
    Section 178.700. The purpose and scope of IBC standards and general 
definitions associated with IBCs are contained in this section, 
generally as proposed. In response to commenter requests, RSPA is 
revising the definition of IBC ``body'' in paragraph (c)(1) by adopting 
terms originally proposed by the U.S. and now contained in the Eighth 
revised edition of the UN Recommendations: an IBC body means ``the 
receptacle proper, including openings and their closures, but does not 
include service equipment. * * *'' As a result of this change, IBC 
``service equipment'' (i.e., filling and discharge, pressure relief, 
safety, heating and heat-insulating devices, and measuring instruments) 
is no longer considered part of the IBC body. This section also defines 
IBC ``structural equipment'' as the reinforcing, fastening, handling, 
protective, or stabilizing members of the body (e.g., metal cages) as 
well as stacking load-bearing structural members. Also in the 
definition of IBC body, as proposed, RSPA is adopting IBC volumetric 
capacity limits of not more than 3 cubic meters (3,000 liters, 793 
gallons or 35.3 cubic feet) and not less than 0.45 cubic meters (450 
liters, 119 gallons or 5.3 cubic feet).
    The proposed 450-liter (119-gallon) lower IBC capacity limit drew 
substantial comment. Commenters suggested that RSPA either eliminate 
the lower capacity limit or, at a minimum, establish a 250-liter (66-
gallon) lower limit consistent with Section 26.1.2.1 of the IMDG Code. 
RIBCA questioned the need for a lower limit and stated that small IBCs 
under 450 liter (119-gallon) capacity already are authorized under 
exemptions. For example, DOT E-9690 authorizes 415.8-liter (110-gallon) 
IBCs. RIBCA noted that small IBCs have been used for years in 
agricultural and water treatment operations. RIBCA added that allowing 
small IBCs into the U.S. under Sec. 171.12, but not allowing U.S. 
manufacturers to market small IBCs domestically, creates competitive 
disadvantages.
    Commenter requests to remove the IBC lower capacity limit are not 
adopted in this final rule. RSPA is not authorizing IBCs with 
capacities less than 450 liters (119 gallons) because RSPA believes 
that differing non-bulk and IBC construction standards, performance and 
reuse requirements could create safety inequities in the use of these 
two packaging categories. For example, a drum manufacturer might call a 
drum or jerrican an IBC to gain certain kinds of regulatory relief. 
Metal and plastic drums and jerricans intended for reuse must meet 
minimum thickness standards in Sec. 173.28(b)(4), while no such 
standards are proposed for stand-alone or composite IBCs. Metal and 
plastic drums designed for limited hazardous materials service must be 
leakproofness-tested before each reuse (Sec. 173.28(b)(2)). IBCs would 
be subject to a completely different retest and inspection scheme 
requiring leakproofness testing every 2.5 years (Sec. 180.352) In 
addition, drop, stacking, and hydrostatic pressure design performance 
requirements for non-bulk packagings in subpart M of part 178 
substantially differ from those proposed for IBCs in subpart O of part 
178.
    Although IBCs with capacities below 450 liters (119 gallons) 
represent only a small percentage of the total number of IBCs in 
domestic service, RSPA recognizes that IBC manufacturers and users may 
occasionally need a full capacity range of IBC design types. In this 
final rule, therefore, a provision in paragraph Sec. 178.801(i) 
provides for the manufacture and use of IBCs which differ from the 
standards in subpart N, including IBCs with capacities less than 450 
liters (119 gallons), if approved by the Associate Administrator for 
Hazardous Materials Safety. RSPA notes that IBCs with lower capacities 
may continue to be used for import and export shipments, as provided in 
Sec. 171.12.
    RSPA is not adopting a proposal by the Oregon Trucking Association 
and several Oregon-based carriers to include a rubber bladder bag among 
the UN- recommended IBC design types RSPA is adopting in this final 
rule. Although bladder bags are designed for mechanical handling (as 
are IBCs), they do not meet any of the material-of-construction 
standards for the flexible IBCs that were proposed in subpart N of part 
178. Flexible IBC standards were developed with the intent that these 
packagings would contain dry materials. Standards for flexible IBCs 
intended for liquids do not appear in the UN Recommendations and were 
not considered in this rulemaking. Bulk bladder bags may be used for 
hazardous materials requiring specification packaging only if 
specifically authorized under an exemption issued in accordance with 
subpart B of 49 CFR, part 107.
    Section 178.702. This section, adopted as proposed, contains IBC 
code designations for metal, rigid plastic, composite, fiberboard, 
wooden, and flexible IBCs.
    Section 178.703. Certification and additional marking requirements 
for IBCs are set forth in this section. The IBC certification mark is 
comprised of the following elements: UN symbols, code numbers 
designating IBC type, Packing Group designation, month and year of 
manufacture, the country authorizing allocation of the mark, name and 
address or symbol of the manufacturer or the approval agency certifying 
compliance with subparts N and O of part 178, the stacking test load in 
kilograms (kg), and the maximum permissible gross mass (for flexible 
IBCs, the ``maximum net mass'' as defined in Sec. 171.8 in kilograms 
(kg)). RSPA is adding a new paragraph (a)(1)(iii)(A), establishing the 
mark ``X'' for IBCs meeting Packing Group I, II and III performance 
test standards.
    Four examples of IBC certification marking are provided in 
Sec. 178.703(a)(2) (i) through (iv). Two examples of additional 
markings are given in Sec. 178.703(b)(3) (i) and (ii).
    One commenter asked RSPA to allow manufacturers or others 
certifying flexible IBCs to omit the ``UN-in-a-circle'' symbol because 
``such symbols are difficult to reproduce'' on flexible IBCs. The 
commenter noted that this option already is provided for metal IBCs. 
This request is not adopted because RSPA is not aware that use of the 
``UN-in-a-circle'' has been a problem for manufacturers of flexible 
IBCs in other countries.
    In paragraphs (b)(1)(i) and (b)(2)(i) among additional marking 
requirements, rigid, composite and metal IBCs must be marked for 
``rated'' capacity. Rated capacity is capacity normally used compared 
to ``maximum capacity,'' which is defined in Sec. 171.8 as ``the 
maximum inner volume of receptacles or packagings.''
    RIBCA commented that paragraph (b), requiring additional marks to 
be located ``in a place readily accessible for inspection,'' could lead 
to enforcement problems ``because there is no possible way to find a 
location that will assure that under all circumstances in usage the 
markings would always be visible for inspection.'' RIBCA said the 
phrase ``for inspection'' conveys an ``operational intent'' that 
``could be used by inspectors'' in the field. RIBCA suggested that RSPA 
follow the general policy established for drums in Sec. 178.503(a) and 
carried over in the proposed Sec. 178.703(a): ``in addition to markings 
in paragraph (a) of this section, each metallic, rigid plastic and 
composite IBC'' be marked ``in a durable and clearly visible manner.'' 
This request is not adopted because for larger packages (e.g., IBCs), 
the phrase ``readily accessible for inspection'' is necessary to ensure 
that the mark can be seen by an inspector without lifting the package.
    RIBCA objected to the paragraph (b)(1) proposal to require use of 
specification plates for rigid plastic and composite IBCs. It contended 
that required use of plates ``can lead to less desirable and less 
permanent means of marking.'' RIBCA noted that paragraph (a) does not 
require markings on a plate. RIBCA suggested that the markings set 
forth in paragraph (a) for each rigid plastic and composite IBC ``be 
grouped together in one location * * *'' but without required use of a 
plate.
    RSPA agrees and, accordingly, is revising proposed paragraph (b) by 
requiring additional markings to be placed near the certification mark 
specified in paragraph (a). The wording ``on each plate,'' applying to 
rigid plastic and composite IBCs, is removed from paragraph (b)(1). 
Section 180.352(d) is revised to require the retest date to be marked 
as provided in paragraph (b) of this section (i.e., near the 
certification mark specified in paragraph (a)).
    Section 178.704. This section contains general requirements 
applicable to manufacturers of IBCs. Each IBC must be resistant to, or 
protected from, deterioration due to exposure to the external 
environment. Intermediate bulk containers intended for solid hazardous 
materials must be sift-proof and water-resistant. One commenter asked 
RSPA to clarify the requirement in proposed paragraph (b) that ``all 
service equipment must be so positioned or protected as to minimize 
potential loss of contents resulting from damage during IBC handling 
and transportation.'' The commenter asked if proposed paragraph (b) 
requires shippers to position IBCs ``over a containment pad during 
loading and unloading.'' The commenter said that such a requirement 
``would create numerous difficulties.'' RSPA does not consider this 
requirement to apply to shipper IBC handling and operations since the 
positioning of service equipment referred to in paragraph (b) is a 
design requirement applicable to manufacturers.
    Section 178.705. This section contains standards for metal IBCs and 
is adopted as proposed. Metal IBC design types are designated by code 
number, definitions, and construction requirements. Authorized steel 
and aluminum construction materials are set forth in paragraph (c)(1). 
Minimum body wall thicknesses are specified in paragraph (c)(1)(iv). 
Ratios expressing required tensile strength for steel and aluminum IBC 
construction materials in paragraphs (c)(1)(iii) (A) and (B) and the 
paragraph (c)(1)(iv)(B) formula for determining the minimum wall 
thickness of metals other than the reference steel described in 
paragraph (iii)(A) of this section, are corrected for U.S. standard 
units.
    In response to requests by commenters and an amendment approved for 
the Eighth revised edition of the UN Recommendations, RSPA has replaced 
the word ``metallic'' with the word ``metal'' with respect to metal 
IBCs. One commenter asked RSPA to clarify the difference between the 
terms ``sandwich'' and ``double wall'' in the definition of 
``protected'' in proposed paragraph (b)(2). A double-wall metal IBC 
consists of two metal walls with space between. A ``sandwich'' 
configuration consists of two metal walls with material such as foam or 
insulation between.
    The same commenter asked if liners or bags placed inside metal IBCs 
meet the definition of ``protected.'' The definition of ``protected'' 
is derived from section 16.2.2.3 of the UN Recommendations and means 
any two-ply (double wall) or multiple (sandwich) barrier applied 
externally. The construction materials of additional ``protection'' are 
not specified, and could include materials other than the material of 
construction of the IBC in question. For these reasons, RSPA believes 
liners or bags placed inside metal IBCs do not meet the intent of the 
definition of ``protected'' in paragraph (b)(2). In this final rule, in 
paragraph (b)(2) the definition of ``protected'' is clarified to mean 
``providing the IBC body with additional ``external protection against 
impact and abrasion.''
    Commenters asserted that the use of the term ``metallic IBCs'' 
without qualification may lead to the interpretation ``that all 
components (of such IBCs) must have metal properties.'' RSPA concurs 
with a suggestion to solve this problem by revising paragraph 
(c)(1)(iii) to more specifically refer to ``metals used'' in 
fabricating the metal IBC body.
    RSPA also concurs with RIBCA's request to authorize ``frangible'' 
pressure relief devices for the release of vapor to ensure no rupture 
of the IBC body will occur. RIBCA contended that frangible pressure 
relief devices have been authorized for DOT 57 portable tanks for 
years. RSPA notes that Sec. 178.253-4(a) requires each DOT 57 portable 
tank to be ``equipped with at least one pressure relief device such as 
a * * * frangible disc * * *'' Section 16.2.3.7.1 of the UN 
Recommendations (``release of vapor * * * can be achieved by 
conventional pressure relief devices'') can also be interpreted as 
including frangible relief devices. Accordingly, 
Secs. 178.705(c)(2)(i), 178.706(c)(4) and 178.707(c)(3)(iv) are revised 
to include frangible relief devices.
    Section 178.706 This section, adopted as proposed, contains 
standards for rigid plastic IBCs including design types designated by 
code number, general definitions and construction requirements. 
Commenters asked RSPA to delete proposed Secs. 178.706(c)(3) and 
178.707(c)(3)(iii), prohibiting the employment of used plastic 
materials other than production residue or regrind materials from the 
same manufacturing process in the production of rigid plastic IBCs or 
plastic inner receptacles. The National Agrichemical Retailers 
Association (NARA) claimed that this prohibition, without 
justification, ``would prevent the environmentally sound practice of 
recycling mini-bulk/IBCs into new IBC containers.'' The request to 
delete this prohibition is not adopted. Consistent with requirements in 
Sec. 178.509(b)(1) for plastic drums and jerricans Sec. 178.522(b)(1) 
for composite packagings with inner plastic receptacles, RSPA believes 
contaminated plastic material obtained through recycling should not be 
used to construct that portion of the packaging in contact with the 
hazardous materials lading.
    Commenters expressed concern that proposed venting requirements in 
Sec. 178.706(c)(4) for rigid plastic IBCs and Sec. 178.707(c)(3)(iv) 
for composite IBCs are inconsistent with UN recommendations. They 
referred to RSPA's proposed venting standard to prevent rupturing of 
plastic and composite IBC bodies in a fire engulfment situation, a 
standard not recommended by the UN in Sections 16.4.3.5 and 16.5.3.2.5. 
One commenter said the UN ``does not link venting capacity to fire 
engulfment,'' and that the UN requires only that plastic and composite 
IBCs be provided with sufficient venting capacity to prevent rupture of 
the IBC body if subjected to an internal pressure in excess of which it 
was hydraulically tested. RIBCA commented that it is ``unlikely a 
plastic tank completely enveloped in fire could maintain its liquid 
retention properties throughout the fire regardless of the size of any 
vent. Eventually, failure will take place but not due to pressure. The 
tank will eventually leak due to melting.''
    Commenters said RSPA's proposals to require relief devices or other 
means of plastic and composite IBC construction to ensure that leakage 
or permanent distortion does not occur also are inconsistent with UN 
recommendations. They asserted that the venting requirements in these 
sections ought to apply only to preventing rupture of the IBC body in 
emergency situations and that IBC body distortion should not be related 
to emergency relief capabilities. RIBCA said that RSPA should rely on 
the shipper visual inspection requirements in Sec. 173.35 to control 
whether an IBC may be reused. Commenters also noted that 
Secs. 178.706(c)(4) and 178.707(c)(3)(iv) address all plastic IBCs and 
not specifically rigid plastic and composite IBCs intended to transport 
liquids, as recommended by the UN.
    RSPA concurs with these commenters on the issue of venting plastic 
and composite IBCs to prevent rupture in a fire engulfment situation. 
Accordingly, references to ``fire engulfment'' are removed from 
Secs. 178.706(c)(4) and 178.707(c)(3)(iv). RSPA agrees that venting 
requirements in Secs. 178.706 and 178.707 should apply only to 
prevention of IBC rupture in emergency situations and that the ``no-
leakage or no-permanent deformation'' criteria more appropriately apply 
to IBC design qualification as criteria for passing the hydrostatic 
pressure test adopted in Sec. 178.814. Therefore, references to leakage 
or permanent deformation linked to venting requirements in 
Secs. 178.706(c)(4) and 178.707(c)(3)(iv) are removed. In this final 
rule, RSPA is not specifying IBC venting capacities such as those found 
in Sec. 178.253-4(c) for DOT 57 portable tanks. However, pressure 
relief capacity must be sufficient to prevent rupture of the IBC body. 
Sections 178.706(c)(4) and 178.707(c)(3)(iv) are revised to apply 
specifically to rigid plastic and composite IBCs respectively, which 
are intended for the transportation of liquids.
    Section 178.707. Standards for composite IBCs are set forth in this 
section and are adopted as proposed. Standards include design types 
designated by code number, general definitions and construction 
requirements. RSPA is adding a new definition of ``rigid'' inner 
receptacle to definitions for the composite IBC types in paragraph 
(b)(3) to clarify the distinction between rigid and flexible inner 
receptacles. The new definition states that a ``rigid'' inner 
receptacle is one which retains its general shape when empty without 
closures in place and without benefit of the outer casing. Standards 
are added for inner receptacles of composite IBCs in paragraph (c)(3), 
and for composite outer packagings in paragraph (c)(4).
    Section 178.708. Standards for fiberboard IBCs are set forth in 
this section and adopted as proposed. Fiberboard IBC standards are 
similar to those for fiberboard boxes in Sec. 178.516. However, in this 
final rule, standards for fiberboard IBCs also include ISO minimum 
puncture resistance (ISO 3036-1975).
    Section 178.709. Standards for wooden IBCs are contained in this 
section and adopted as proposed.
    Section 178.710. Standards for flexible IBCs are adopted as 
proposed. They include flexible IBC design types designated by code 
number, definitions and construction standards. Consistent with the 
Eighth Revised Edition of the UN Recommendations, the definition in 
paragraph (b)(1) of this section is revised to read ``Flexible IBCs 
consist of a body constructed of film, woven plastic, woven fabric, 
paper, or combination thereof, together with any appropriate service 
equipment and handling devices, and if necessary an inner coating or 
liner.''
    Section 178.801. General IBC testing, inspection and recordkeeping 
provisions are set forth in this section and adopted as proposed. They 
include requirements for manufacturer responsibility, IBC design 
qualification testing at the start of production of each different IBC 
design type, periodic design requalification testing, production 
testing and inspection performed on each newly manufactured IBC and 
periodic retest and inspection of each IBC conducted at least every 2.5 
years (in this final rule, Sec. 173.32 is amended to extend the 2.5-
year periodic retest and inspection requirement to DOT-52,-53,-56 and -
57 portable tanks constructed before October 1, 1996). The definition 
of ``IBC design type'' is modified in this final rule by the removal of 
``means of filling and discharge'' from the definition and addition of 
``representative service equipment.'' Reference to packaging which can 
differ only in its lesser external dimensions (i.e., height, width, 
length) without further testing is added to the definition of 
``different IBC design type.'' In this final rule, RSPA is extending 
the quality control principle established for non-bulk packagings under 
Docket HM-181 to IBCs. Consistent with Section 16.1.4.1.1 of the UN 
Recommendations, RSPA is requiring periodic requalification of IBC 
design types throughout a production run sufficient to ensure that 
newly manufactured IBCs maintain the integrity of original, 
successfully tested design types. All IBC design types must be 
requalified at least once every 12 months.
    This section also requires persons who certify IBC design types to 
keep records of the qualification of each IBC design type and of each 
periodic design requalification. Records must be maintained at each 
location where an IBC is manufactured and at each location where IBC 
design qualification or periodic design requalification testing is 
performed. They must be maintained for as long as IBCs are manufactured 
in accordance with each qualified design type and for at least 2.5 
years thereafter. Certification records must include the following 
information: name and address of test facility, name and address of the 
IBC certifier, a unique test report identification, date of test 
report, manufacturer of the IBC, description of the IBC design type 
(e.g., dimensions, materials, closures, thickness, representative 
service equipment, etc.), maximum IBC capacity, characteristics of test 
contents, and test descriptions and results (including drop heights, 
hydrostatic pressures, tear propagation length, etc.). The test report 
must be signed with the name of the person conducting the test, and the 
name of the person responsible for testing.
    This section elicited comments concerning design-type definition, 
design qualification testing, periodic design requalification, 
production testing, selective testing and other issues under general 
requirements. RIBCA urged RSPA to reevaluate what constitutes an IBC 
design type change in terms of minor changes (such as changes to 
service equipment), requiring design type requalification. RIBCA 
contended that requirements in proposed paragraphs (c)(1) and (c)(7) 
involving ``IBC design type'' and ``different IBC design type'' would 
``have the effect of making a new design type in each instance that an 
IBC appurtenance is changed, a gasket material is replaced, a valve 
unit is changed in style, e.g., from ball to gate, etc.'' RIBCA 
requested revision of paragraph (c)(7) to exclude service equipment 
from design changes requiring design requalification.
    RSPA agrees with RIBCA's concerns regarding the definition of ``IBC 
design type'' and ``different IBC design type.'' Service equipment is 
the IBC component most likely to undergo design change during short 
production runs. Accordingly, RSPA is revising the proposed definition 
of IBC ``body'' in Sec. 178.700(c)(1) by clarifying that the receptacle 
``does not include service equipment.'' Furthermore, RSPA is amending 
paragraph Sec. 178.801(c)(1) in this section by removing the phrase 
``means of filling and discharging'' and adding a new paragraph 
Sec. 178.801(c)(7)(iv) stating that a different IBC design type does 
not apply to ``service equipment.'' RSPA is adopting RIBCA's request to 
revise paragraph Sec. 178.801(d) by adding that service equipment 
associated with any IBC design type should be considered 
``representative'' and not design-type specific (for example, safety 
devices, such as pressure relief valves must have identical venting 
capacity and integrity; or valve protection must have equal or greater 
integrity). RSPA also is referring to ``representative'' service 
equipment as part of the definition of ``IBC design type'' in paragraph 
(c)(1) and is requiring in paragraph (l) that ``representative service 
equipment'' be described in each design type test report. Consistent 
with Sec. 178.601(d) for non-bulk packagings, RSPA is revising proposed 
paragraph (d) to require the design qualification testing of each ``new 
or different'' IBC design type.
    Commenters asserted that proposed paragraph (h), allowing a 25-
percent reduction of exterior IBC dimensions without retesting, is too 
restrictive. One commenter suggested that RSPA adopt UN Recommendations 
which do not limit variation of external dimensions (e.g., 25 percent), 
``so long as materials of construction and thickness are not changed.'' 
RIBCA added that manufacturers are permitted under exemptions to 
produce smaller IBCs with greater than 25 percent reduction of external 
dimensions (the IBCs being identical in other respects). RSPA concurs 
with these commenters and, accordingly, proposed paragraph (h) is 
revised in paragraph (c)(7)(iii) in this final rule by removing the 
proposed 25 percent restriction and to permit variation of a tested IBC 
design type without further testing, provided the IBC differs only in 
its lesser external dimensions while materials of construction and 
material thicknesses or fabric weight remain the same. In paragraph (h) 
of this final rule provides that other minor design variations may be 
permitted without further testing provided selective testing 
demonstrates an equivalent or greater level of safety than the design 
type tested and which has been approved by the Associate Administrator 
for Hazardous Materials Safety.
    The Flexible Intermediate Bulk Container Association (FIBCA) asked 
RSPA to extend to flexible IBC design types the 25 percent allowable 
decreased variance in external dimensions without further testing 
proposed for rigid IBC design types. As discussed above, RSPA concurs, 
provided that no loss of original design type integrity occurs (e.g., 
no change in sewing pattern, fabric weight, etc.). Accordingly, 
paragraph (c)(7)(iii) includes all IBCs.
    Four commenters asserted that, in the NPRM, RSPA departed from the 
quality assurance program suggested in Section 16.1.4.1.1 of the UN 
Recommendations by establishing a requirement that each IBC design type 
be retested every 12 months, similar to the periodic design retest 
requirement for drums. RIBCA said periodic design qualification is not 
recommended in Chapter 16 of the UN Recommendations because IBC design 
type qualification is much more expensive than it is for drums (for 
which, in Section 9.7.1.3, the UN recommends periodic testing). On 
average, RIBCA said its member manufacturers spend $5,147 to qualify 
each design type. In one year, RIBCA said the total cost for members 
was $4,990,000 for qualifying 970 different design types. ``This is 
nearly $5 million of test costs spread over 15 manufacturers.''
    RIBCA said imposing on IBC manufacturers a requalification scheme 
that is more suited to non-bulk packaging production runs is 
counterproductive and cost-inefficient. RIBCA noted that IBC production 
rates differ markedly from rates for steel and plastic drums. ``The 
numbers manufactured for [an IBC] design usually become smaller each 
year * * * Each such order, often for 5, 10 or 20 tanks, would be 
accompanied by very high and inordinate design qualification costs when 
compared to non-bulk packaging on a per unit sold basis.'' One 
commenter added that, under requirements in paragraph (e), ``every 
conceivable gasket type, fitting type and fitting configuration used on 
an IBC will have to be tested in their various combinations and 
retested every 12 months. This would entail hundreds of design 
qualification tests every year.'' RIBCA maintained that once an IBC 
design type is proven, ``the passage of time (e.g., 12 months) is 
irrelevant.'' RIBCA said ``re-proving'' an IBC design ``demonstrates 
nothing about the design * * * It would only indicate that either the 
method of production failed to yield an acceptable product or that the 
original design (procedure) was not followed.''
    Commenters urged RSPA to consider a quality assurance program where 
IBC manufacturers would be required to demonstrate and document, as 
RIBCA suggested, a ``continuing adherence to minimum requirements of a 
qualified design.'' They said that a periodic internal audit, properly 
documented, would accomplish this. RIBCA claimed that its members 
already are committed to such a program. RIBCA suggested revisions to 
paragraph (e) to require ``an ongoing design and manufacturing process 
evaluation * * * recorded annually, based on the date of the original 
design certification for each design type * * * '' Another commenter 
agreed with RIBCA that a 12-month requalification period makes sense 
for high-volume, non-bulk packagings but not for ``specialty-type 
containers'' produced in low volumes. The commenter said that the one-
time-per-year requalification which RSPA proposes ``must be based on an 
average number of units produced by an average IBC manufacturer in one 
year.'' The commenter asked, ``to be fair, why not give the 
manufacturer the option of one year or a certain amount of containers 
produced (based on this average number of containers produced by an 
average company over one year)?''
    RSPA agrees in principle that, under a performance-based system, 
good quality assurance practices are essential to maintain the 
integrity of each production unit manufactured to a certified IBC 
design type. RSPA encourages the development of sound quality assurance 
programs. For this final rule, however, RSPA has determined that 12-
month periodic design qualification testing involving samples taken 
from the production line is necessary as the minimum requirement. 
Paragraph (e)(2) provides an approval process for the development of 
programs requiring less actual testing if a quality assurance program 
is maintained and higher design and construction standards are 
demonstrated. Under current exemptions, IBC design types generally must 
be requalified every four months. RSPA believes that the 12-month 
periodic design requalification requirement in this final rule offers 
manufacturers significant relief while not compromising transportation 
safety.
    In response to a commenter's request, RSPA is revising requirements 
for the production test proposed in paragraph (f)(1) by adding 
paragraph (f)(1)(i) stating that IBCs need not have fitted closures. 
RSPA is adding paragraph (f)(1)(ii) providing that inner receptacles of 
composite IBCs can be leakproofness tested without outer IBC bodies, 
provided that test results are not affected. These provisions are 
consistent with production leakproofness testing requirements for non-
bulk packagings in Sec. 178.604. Furthermore, the UN Recommendations do 
not specify (in Section 16.1.4.2.4) how IBCs are to be prepared for 
production leakproofness testing.
    Noting that many third-party testing agencies lack expertise in 
testing IBCs, RIBCA requested a revision to proposed paragraphs (j) and 
(j)(2) to permit manufacturers to monitor tests being performed by 
third-party agencies and report on inadequate procedures. Although RSPA 
agrees that IBC manufacturers should be permitted to participate in, or 
monitor the development of, sound third-party testing, RSPA sees no 
need to establish by regulation the right of manufacturers to visit IBC 
test laboratories. This issue can be resolved by contractual or other 
agreements between the manufacturer and a third-party agency. 
Therefore, this request is not adopted.
    RIBCA questioned the effectiveness of RSPA's requirement in 
proposed paragraph (k) that the inner coating of an IBC must withstand 
subpart O tests. RIBCA said ``the ensuing crush patterns'' resulting 
from the drop test makes it ``difficult to assure * * * if the coating 
is still protective.'' RIBCA requested a clarifying sentence 
emphasizing that after withstanding the tests, ``no immediate hazard is 
created by contact of the contents with any material of construction in 
the tank.'' This comment is not accepted. Consistent with requirements 
for non-bulk packagings requiring coatings in Sec. 178.601(j), RSPA 
believes a criterion stating that coatings retain their protective 
properties after withstanding subpart O performance tests is necessary 
to ensure the integrity of IBC construction.
    Section 178.802. This section establishes requirements for the 
preparation of fiberboard IBCs or composite IBCs with fiberboard outer 
packagings for design qualification testing. Fiberboard IBCs must be 
conditioned under the same temperature and relative humidity conditions 
as required for non-bulk fiberboard packagings in Sec. 178.602(d). In 
this final rule, paragraph (c) is added permitting fiberboard IBCs, or 
composite IBCs with fiberboard outer packagings, to be conditioned at 
ambient temperature ``for purposes of periodic design requalification 
only.'' This is consistent with a similar provision in 173.602(d)(3) 
for the periodic retesting of non-bulk fiberboard packaging design 
types.
    Section 178.803. Design qualification testing specified in 
Secs. 178.810-819 for the certification of metal, rigid plastic, 
composite, fiberboard, wooden, and flexible IBC types is set forth in a 
single table in this section. Separate tables specifying the order of 
tests for each IBC design type category proposed in Secs. 178.804-
178.808 are not adopted.
    RIBCA and other commenters recommended that the vibration test be 
placed first in the order of tests in a single table. RIBCA pointed out 
that the vibration test ``would seem to be most suitably placed before 
tests that would result in damage to a unit.'' Referring to the order 
of tests proposed in Sec. 178.808 for flexible IBCs, FIBCA asked RSPA 
to delete the phrase ``* * * must withstand the applicable tests in the 
order presented * * * *'' It contended that the tear test (second in 
order of tests), involving a four-inch knife cut, would render the test 
sample unsuitable for the remaining tests. RSPA concurs with these 
recommendations and, accordingly, the vibration test is placed first.
    Based on the merits of comments stating that the vibration test is 
unnecessary for the certification of flexible IBCs, Note 1 to the table 
now specifies that flexible IBCs must only ``be capable'' of 
withstanding the vibration test (see discussion in Sec. 178.819). In 
response to a comment from RIBCA urging RSPA to permit the use of 
another IBC of the same design type for the drop test, RSPA is adding 
note 4 applicable to metal and composite IBC design types which states 
that, ``another intermediate bulk container of the same design type may 
be used for the drop test set forth in Sec. 178.810.'' Consistent with 
a revision approved for the Eighth revised edition of the UN 
Recommendations, RSPA is adding note 5, permitting use of a different 
flexible IBC for each test.
    Section 178.810. A drop test similar in many respects to 
requirements for non-bulk packagings in Sec. 178.603 is adopted as 
proposed for all IBC design types. In preparation for the drop test, 
IBCs intended to transport liquids must be filled to at least 98 
percent of their capacity, and to at least 95 percent of their capacity 
if intended to transport solids. Before being drop tested, rigid 
plastic IBCs and composite IBCs with inner plastic receptacles must be 
conditioned for testing by reducing the temperature of the packaging 
and its contents to -18  deg.C (0  deg.F) or lower. Test liquids must 
be kept in the liquid state by the addition of anti-freeze, if 
necessary. Test samples of all IBC design types must be dropped onto a 
rigid, non-resilient, smooth, flat horizontal surface; the point of 
impact must be the most vulnerable part of the base of the IBC 
undergoing the test. Drop heights are dependent upon the Packing Group 
to which the IBC is being tested and certified. A Packing Group I drop 
test is adopted in paragraph (d)(1)(i) of this final rule for IBCs 
intended for certain high-hazard solid materials.
    One commenter proposed a one-meter puncture drop test to ``verify 
the ability of an IBC to withstand worst-case situations in handling 
and transportation.'' RSPA acknowledges that this suggested test 
represents good industry practice to verify that an IBC exceeds the 
minimum IBC drop test requirements we are adopting in this final rule. 
However, RSPA believes that any proposal for additional required 
testing should be done through notice and comment, and that there is 
not sufficient justification or evaluation of the proposed test to 
warrant further action at this time.
    Section 178.811. The requirement for a bottom lift test for IBCs 
designed to be lifted from the base is adopted as proposed.
    Section 178.812. A top lift test is adopted as proposed for all 
metal, rigid plastic and composite IBC design types designed to be 
lifted from the top. In this final rule, the top lift test is 
applicable to flexible IBCs designed to be lifted from the top or side. 
FIBCA referred to other, equally effective methods to top-lift flexible 
IBCs and suggested that platen plate hydraulic loading testing methods, 
now utilized in Europe, should be acceptable to RSPA. As provided in 
Sec. 178.801(i), manufacturers may use other top lift methods for 
flexible IBCs, if they demonstrate equal effectiveness.
    Section 178.813. The leakproofness test is adopted as proposed for 
the design qualification of metal, rigid plastic, and composite IBC 
design types, and rigid IBC production units, if they are intended to 
contain liquids or if they are intended to contain solids loaded or 
discharged under pressure. The test must be performed by applying air 
at a gauge pressure of not less than 20 kPa (2.9 psig). Other methods 
of leakproofness testing, if at least equally effective, may be used in 
accordance with Appendix B of part 178, or if approved by the Associate 
Administrator for Hazardous Materials Safety, as provided in 
Sec. 178.801(i)).
    RIBCA objected to the proposed ten-minute hold in applying air 
pressure during production line leakproofness testing. RIBCA said a 
ten-minute hold ``would introduce an unacceptable delay in modern 
production lines.'' RIBCA added that a ten-minute hold in production 
lines using blow-molded techniques would literally shut down production 
``because of the number of units coming off-line in these higher-speed 
production systems.''
    RSPA acknowledges RIBCA's concern and, consistent with a revision 
approved for the Eighth revised edition of the UN Recommendations, is 
revising proposed paragraph (c) by not adopting a ten-minute hold 
requirement. The final rule provides that the test ``must be carried 
out for a suitable length of time * * *'' to determine if there are 
leaks.
    Section 178.814. The hydrostatic pressure design qualification test 
is adopted as proposed for all metal, rigid plastic and composite IBC 
design types intended to contain liquids or intended to contain solids 
loaded or discharged under pressure. The test must be performed for ten 
minutes at gauge pressures specified for three metal IBC design types 
intended to contain liquids and four rigid plastic and four composite 
IBC design types.
    Consistent with a proposal accepted for the 8th revised edition of 
the UN Recommendations, a new paragraph (d)(3) is added, requiring 
metal IBCs of type 21A, 21B and 21N intended for transportation of 
Packing Group I solids to be tested at 250 kPa (36 psig) gauge 
pressure. Proposed paragraphs (d)(3) and (d)(4) are renumbered (d)(4) 
and (d)(5), respectively, and adopted as proposed.
    RIBCA suggested a revision of paragraph (b) by adding a requirement 
to replace vented closures with similar non-vented closures or to seal 
vents before conducting the hydrostatic test, consistent with 
preparations for conducting the leakproofness test in Sec. 178.813(b), 
which requires sealed vents. RSPA agrees and is revising paragraph (b) 
to also require vented closures to be removed and their openings 
plugged. RSPA acknowledges RIBCA's concerns that the choice of 
hydrostatic test methods proposed in paragraph (d)(4) would invariably 
result in shippers being forced to choose higher test pressure values 
for shipment of low-pressure materials in rigid plastic IBCs. 
Accordingly, in this final rule, RSPA is adjusting the choice of test 
pressure values by adding the following language in paragraph (d)(5): 
``* * * whichever is the greater of.''
    Paragraph (d)(5) also is revised in this final rule to more clearly 
distinguish between the use of gauge and absolute pressures when 
determining hydrostatic test pressure to be applied to the IBC. The 
test pressure marked on the IBC is a gauge pressure as specified in 
Sec. 178.703(b)(1)(iii). Gauge pressure consists only of the pressure 
in the IBC that exceeds atmospheric pressure. Absolute pressure 
consists of ambient atmospheric pressure plus the vapor pressure of the 
hazardous material in the IBC. Vapor pressure of the hazardous material 
is the pressure exerted on the IBC by vapors or gases emitted by the 
material. Paragraphs (d)(5)(i) (B) and (C) are clarified to show that, 
because vapor pressure of the hazardous material is described in 
absolute terms, the pressure applied for the hydrostatic test is 
determined by subtracting atmospheric pressure from absolute pressure. 
Methods using absolute pressure set forth in paragraphs (d)(5)(i) (B) 
and (C) can be used when the vapor pressure of a substance is available 
in technical literature. Hydrostatic test pressure for these methods 
must be at least 100 kPa (14.5 psig). The method in paragraph 
(d)(5)(i)(A) for determining hydrostatic test pressure applied is 
useful when the vapor pressure of a mixture or substance is unknown and 
may be experimentally determined.
    One commenter pointed out that the leakproofness test should be 
conducted after the hydrostatic pressure test ``to indicate whether a 
potential path for vapor loss has been opened in the structure by the 
hydrostatic testing. A leakproofness test of at least 30 percent of the 
hydrostatic pressure after the hydrostatic pressure test would ensure 
that the package can maintain complete integrity against both liquid 
and vapor loss in a worst-case situation.'' RSPA believes tests 
performed in the order recommended by that commenter will adequately 
ensure IBC integrity. Therefore, in the table for testing and 
certification of IBCs established in Sec. 178.803, the leakproofness 
test precedes the hydrostatic pressure test.
    RIBCA urged RSPA to not regard IBC ``deformation'' as a failure of 
the hydrostatic pressure test and disqualification of the design type. 
RIBCA said that leakage alone must be the pass/fail criterion for the 
hydrostatic test. Referring to criteria in paragraphs (e) (1) and (3) 
which, for most rigid IBCs, allow ``no permanent deformation which 
renders the IBC unsafe for transport,'' RIBCA said significant 
deformation of metal and composite IBCs begins to take place ``at quite 
low pressures,'' and added that ``no existing DOT 57 or composite IBC 
can pass this test.''
    As proposed in paragraph (e)(1), RSPA believes that any hydrostatic 
pressure test resulting either in permanent distortion or leakage, 
either of which renders an IBC design type unsafe for transport 
constitutes failure of this test and disqualifies the tested design 
type. Therefore, RIBCA's suggestion is not adopted. In this final rule, 
pass/fail criteria for the hydrostatic test are retained as proposed.
    Section 178.815. As proposed, the stacking test must be conducted 
for the qualification of all intermediate bulk container design types 
designed to be stacked. All stacked IBCs must be placed on their base 
on level, hard ground and subjected to a uniformly distributed 
superimposed test load for a period of at least five minutes. 
Fiberboard, wooden, and composite IBC design types with outer 
packagings constructed of materials other than plastic must withstand 
this test for 24 hours. Stand-alone rigid plastic and composite design 
types with outer plastic packagings must be tested for 28 days at 40 
deg.C (104  deg.F). For all IBC design types, the load placed on the 
IBC must be 1.8 times the combined maximum permissible gross mass of 
the number of similar IBCs that may be stacked on top during transport.
    Section 178.816. The topple test is adopted as proposed for the 
qualification of all flexible IBC design types. However, a topple 
height for Packing Group I has been added, consistent with the Packing 
Group levels prescribed for the drop test in Sec. 178.810.
    Section 178.817. The righting test is adopted as proposed for the 
qualification of all flexible IBC design types designed to be lifted 
from the top or side.
    Section 178.818. The tear test is adopted as proposed for the 
qualification of all flexible IBC design types.
    Section 178.819. The vibration test is adopted as proposed as a 
requirement for the qualification of rigid IBC design types. A 
vibration capability standard is adopted in this final rule for the 
qualification of flexible IBC design types. The proposal to require 
vibration testing for all IBC design types drew comment from flexible 
IBC manufacturers, who asserted that hundreds of millions of flexible 
IBCs have been successfully used without having been vibration-tested. 
Because flexible IBC design types were never subjected to vibration 
testing, one commenter asserted there is no basis for establishing what 
reasonable vibration test criteria would be. FIBCA pointed out that no 
other nation requires this test for flexible IBCs, nor do the UN 
Recommendations address this issue. FIBCA said that including the 
vibration test requirement in subpart O violates principles stated in 
the preamble to the NPRM, ``for removing a dual domestic and 
international regulatory system.'' One commenter asked if foreign UN-
marked flexible IBCs that are not vibration-tested relinquish UN 
certification in the U.S. Other commenters asked RSPA to introduce this 
additional testing only when a vibration standard is adopted in the UN 
Recommendations on a universal basis.
    RSPA notes that DOT exemptions for flexible IBCs have not required 
vibration testing and agrees with commenters that a mandatory vibration 
test should not be required for flexible IBCs. Therefore, paragraph (a) 
is revised to exclude flexible IBCs from mandatory vibration testing. 
However, flexible IBCs must be capable of withstanding the vibration 
test. RSPA also is adding note 1 to the table of ``Testing and 
Certification of IBCs'' in Sec. 178.803, which will now require 
flexible IBCs to be ``capable of withstanding the vibration test.''
    RIBCA supported the proposed mandatory test for rigid IBCs but not 
requirements in paragraph (b)(4) to turn IBCs on their sides following 
the test. RIBCA asserted that the greatest vulnerability in a vertical 
peak-to-peak vibration test (which RIBCA termed a ``repeated jolt 
test'') are bottom openings and not the top of IBCs, ``unless they are 
of the open-head style in which the ring closure may leak if it has not 
been properly secured.'' RIBCA suggested a revision of pass/fail 
criteria to reflect this position.
    RSPA agrees that the wide structural variability of IBCs, including 
location of closures, valves, etc., represents a different range of 
stress vulnerabilities and vibration test outcomes than are experienced 
by non-bulk packagings for which the side turn is required in 
Sec. 178.608(b)(4). RSPA also recognizes that IBC size and stacking 
characteristics ensure that an upright position in the transportation 
environment normally will be maintained. Therefore, proposed paragraph 
(b)(4) is not adopted. Paragraph (c) is clarified to state that an IBC 
passes the vibration test if there is no rupture or leakage.

Part 180

    Section 180.350. This section is adopted as proposed.
    Section 180.351. General requirements for the qualification of IBCs 
are adopted as proposed. Many comments were received addressing the 
five-year plastic IBC use limit proposed in paragraph (c). One 
commenter pointed out that proposed paragraph (c) is inconsistent with 
proposed Sec. 173.35(h) in that it omits consideration by the Associate 
Administrator for Hazardous Materials Safety for approving a longer 
service life for plastic and composite IBCs. One commenter advised RSPA 
to restrict the limit to plastic IBCs constructed of certain materials 
showing patterns of structural failure due to ultraviolet (UV) 
degradation. The commenter said the five-year limit should specifically 
apply to ``Carbon Black stabilized IBCs and possibly other plastic 
packagings.''
    RIBCA asserted that requiring, after five years, that a plastic 
unit be replaced ``by a receptacle identical to the one that was 
employed five years previously is almost impossible to meet.'' RIBCA 
added that it is ``unlikely that material of construction (i.e., 
resins) will not have undergone some modifications or adjustments in 
that time.'' RIBCA suggested that paragraph (c) be revised to read ``a 
receptacle meeting the original design type'' of the IBC. RIBCA said 
the phrase ``original'' design type ``implies no changes when we 
believe that the intent is not to have changes that alter the design 
type of the IBC in which a new inner receptacle is placed.''
    As stated above in the preamble to Sec. 173.35, RSPA is not 
adopting a five- year rigid plastic and composite IBC use restriction. 
Accordingly, proposed paragraph (c) in this section is not adopted.
    Section 180.352. Requirements for initial and periodic retest and 
inspection of IBCs are adopted as proposed. Initially after production 
and every 2.5 years thereafter, metal, rigid plastic, and composite 
IBCs intended for liquids or intended for solids loaded or discharged 
by pressure must withstand the 20 kPa (2.9 psig) leakproofness test 
prescribed in Sec. 178.813. For these IBC types, external inspections 
must be performed after production and each 2.5 years thereafter to 
ensure that each IBC is properly marked and free from damage that may 
reduce its structural integrity during transportation, and that IBC 
service equipment functions properly. Internal inspections are required 
to be performed initially on metal IBCs after production and every five 
years thereafter. Metal, plastic, and composite IBCs are to be 
inspected at least every five years for cracks, warpage, and corrosion. 
Metal IBCs must be inspected at least every five years for corrosion of 
wall material below required minimum thicknesses. An IBC found with 
such defects must be removed from hazardous materials service. 
Inspection of flexible, fiberboard or wooden IBCs is necessary to 
ensure that these IBCs are properly marked and that they continue to 
meet required construction and design specifications. For example, each 
flexible IBC must be inspected to ensure that seams are free from 
defects in stitching, heat sealing, or gluing. The requirements in this 
section do not apply to DOT 56 or 57 portable tanks. IBC owners or 
lessees must maintain records of periodic retests and initial and 
periodic inspections for each IBC in continuous hazardous materials 
service.
    Four commenters questioned whether the test and inspection 
requirements in this section apply ``before each use'' of an IBC, or 
every 2.5 years from the date of manufacture of the IBC. The periodic 
retest requirements in this section do not apply to IBCs before every 
reuse. This section sets forth periodic test and inspection 
requirements. A shipper cannot reuse an IBC intended for liquids or 
intended for solids that are loaded or discharged by pressure if that 
IBC has not been leakproofness tested every 2.5 years as specified in 
paragraph (b)(1) of this section. For clarity, RSPA is revising the 
first sentence in paragraph (a) to read, ``Each intermediate bulk 
container constructed in accordance with a UN standard for which a test 
or inspection specified in paragraphs (b)(1), (b)(2) and (b)(3) of this 
section is required may not be filled * * *'' IBCs must meet standards 
prescribed in this final rule at all times in hazardous materials 
service without regard to the 2.5-year retest and inspection period.
    NARA asserted that the required leakproofness retest ``will pose 
difficulties for retail dealers, custom applicators, farmers who handle 
a number of IBC/mini-bulks with various dates of manufacture.'' NARA 
said that wide IBC distribution and ``the marketing system'' for IBCs 
in agricultural use make it ``extremely difficult for IBC owners to 
conduct the leakproofness test.'' NARA suggested a ``more stringent 
visual inspection'' in place of the leakproofness retest. This 
suggestion is not adopted. RSPA believes that a visual inspection alone 
is insufficient to establish the leakproofness integrity of these IBCs.
    Four commenters were unclear about the applicability of proposed 
paragraph (b)(1). One commenter said the paragraph could be interpreted 
to mean IBCs intended for liquids and solids that are only loaded and 
unloaded under pressure must be leakproofness retested. NACA asked RSPA 
to make paragraph (b)(1) consistent with Sec. 178.813(a). RSPA concurs 
and, accordingly, is clarifying paragraph (b)(1) to show that the 
leakproofness test every 2.5 years does not have to be performed on 
IBCs intended to contain solids that are not loaded or discharged under 
pressure.
    One commenter asked RSPA to revise paragraph (b)(2)(iii) by 
deleting the requirement of removing the inner receptacle of a 
composite IBC for inspections. This suggestion is not adopted. RSPA 
believes that the inner unit must be removed, if possible, to allow 
inspectors to examine the external condition of the inner receptacle. 
RSPA is clarifying paragraph (b)(2)(iii) to state that the inner 
receptacle of a composite IBC must be removed from the outer IBC body 
unless the inner unit is bonded to the outer body or unless the outer 
body is constructed in such a way (e.g., a welded or riveted cage) that 
removal of the inner receptacle is not possible without damaging or 
destroying the outer body.
    RIBCA's concerns regarding the marking of retest data on a rigid 
plastic or composite IBC if no certification plate is fitted are 
addressed in revisions to Sec. 178.703(b) requiring retest data ``to be 
placed near'' the UN certification marking required in Sec. 178.703(a). 
Paragraph (d) is revised to require the retest date to be marked as 
``provided in Sec. 178.703(b).''
    NACA asserted that the ``burden of recordkeeping for potentially 
hundreds of thousands of tanks * * * seems to serve no safety 
benefit,'' and recommended deletion of paragraph (e). RSPA believes 
that the record retention requirements in paragraph (e) are consistent 
with the recordkeeping requirements for other types of packagings, 
e.g., cargo tanks and non-bulk packagings, and are essential in 
demonstrating compliance with the requirement in this final rule. 
Therefore, NACA's comment is not adopted.

IV. Regulatory Analyses and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

    This final rule is not considered a significant regulatory action 
under section 3(f) of Executive Order 12866 and was not reviewed by the 
Office of Management and Budget. The rule is not considered significant 
under the Regulatory Policies and Procedures of the Department of 
Transportation (44 FR 11034).

Executive Order 12612

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 12612 (``Federalism''). The 
Hazardous Materials Transportation Act contains an express preemption 
provision (49 App. U.S.C. 1804(a)(4)) that preempts State, local, and 
Indian tribe requirements on certain covered subjects unless they are 
``substantively'' the same as the HMR. Covered subjects are:
    (i) The designation, description, and classification of hazardous 
materials;
    (ii) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous materials;
    (iii) The preparation, execution, and use of shipping documents 
pertaining to hazardous materials and requirements respecting the 
number, content, and placement of such documents;
    (iv) The written notification, recording, and reporting of the 
unintentional release in transportation of hazardous materials; or
    (v) The design, manufacturing, fabrication, marking, maintenance, 
reconditioning, repairing, or testing of a package or container which 
is represented, marked, certified, or sold as qualified for use in the 
transportation of hazardous materials.
    This final rule addresses covered subjects, under item (ii) and (v) 
above and, therefore, preempts State, local, or Indian tribe 
requirements not meeting the ``substantively the same'' standard. The 
HMTA (49 App. U.S.C. 1804(a)(5)), as amended, provides that if DOT 
issues a regulation concerning any of the covered subjects, after 
November 16, 1990, DOT must determine and publish in the Federal 
Register the effective date of Federal preemption. That effective date 
may not be earlier than the 90th day following the date of issuance of 
the final rule and not later than two years after the date of issuance. 
RSPA has determined that the effective date of Federal preemption for 
these requirements will be January 13, 1995. Thus, RSPA lacks 
discretion in this area, and preparation of a federalism assessment is 
not warranted.

Regulatory Flexibility Act

    I certify that this final rule will not have a significant economic 
impact on a substantial number of small entities. Although this rule 
applies to certain shippers and carriers of hazardous materials in 
intermediate bulk containers, some of whom may be small entities, its 
economic impacts are minimal.

Paperwork Reduction Act

    The information collection requirements contained in this rule have 
been approved by the Office of Management and Management and Budget 
under the provisions of the Paperwork Reduction Act of 1980 (44 U.S.C. 
3504(h)) and assigned control number 2137-0510.

Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory 
action listed in the Unified Agenda of Federal Regulations. The 
Regulatory Information Service Center publishes the Unified Agenda in 
April and October of each year. The RIN number contained in the heading 
of this document can be used to cross-reference this action with the 
Unified Agenda.

List of Subjects

49 CFR Part 171

    Exports, Hazardous materials transportation, Hazardous waste, 
Imports, Incorporation by reference, Reporting and recordkeeping 
requirements.

49 CFR Part 172

    Hazardous materials transportation, Hazardous waste, Labels, 
Markings, Packaging and containers, Reporting and recordkeeping 
requirements.

49 CFR Part 173

    Hazardous materials transportation, Packaging and containers, 
Radioactive materials, Reporting and recordkeeping requirements, 
Uranium.

49 CFR Part 178

    Hazardous materials transportation, Incorporation by reference, 
Motor vehicle safety, Packaging and containers, Reporting and 
recordkeeping requirements.

49 CFR Part 180

    Hazardous material transportation, Motor carriers, Motor vehicle 
safety, Packaging and containers, Reporting and recordkeeping 
requirements.
    In consideration of the foregoing, 49 CFR parts 171, 172, 173, 178, 
and 180 are amended as follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

    1. The authority citation for part 171 continues to read as 
follows:

    Authority: 49 App. U.S.C. 1802, 1803, 1804, 1805, 1808, and 
1818; 49 CFR Part 1.

    2. In Sec. 171.7, a new entry ISO 3036-1975 is added following the 
last entry under International Organization for Standardization in the 
Table of material incorporated by reference in paragraph (a)(3), to 
read as follows:


Sec. 171.7   Reference material.

    (a) * * *
    (3) Table of material incorporated by reference. * * *

------------------------------------------------------------------------
                                                                49 CFR  
                Source and name of material                   reference 
------------------------------------------------------------------------
                                                                        
                                  *****                                 
International Organization for Standardization:                         
                                                                        
                                  *****                                 
ISO 3036-1975(E) Board--Determination of puncture                       
 resistance................................................      178.708
                                                                        
                                  *****                                 
------------------------------------------------------------------------

* * * * *
    3. In Sec. 171.8, the definition of ``Intermediate bulk container'' 
is added in appropriate alphabetic order, and the definition of ``UN 
standard packaging'' is revised to read as follows:


Sec. 171.8   Definitions and abbreviations.

* * * * *
    Intermediate bulk container (IBC) means a rigid or flexible 
portable packaging, other than a cylinder or portable tank, which is 
designed for mechanical handling. Standards for intermediate bulk 
containers manufactured in the United States are set forth in subparts 
N and O of part 178 of this subchapter.
* * * * *
    UN standard packaging means a specification packaging conforming to 
applicable requirements in subparts L and M, or N and O of part 178 of 
this subchapter.
* * * * *
    4. In Sec. 171.12, paragraph (b)(5) is revised to read as follows:


Sec. 171.12   Import and export shipments.

* * * * *
    (b) *  *  *
    (5) Except for packagings conforming to the requirements of Chapter 
26 of the IMDG Code, bulk packagings must conform to the requirements 
of this subchapter.
* * * * *

PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS 
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND 
TRAINING REQUIREMENTS

    5. The authority citation for part 172 continues to read as 
follows:

    Authority: 49 App. U.S.C. 1803, 1804, 1805, 1808; 49 CFR Part 1, 
unless otherwise noted.

    6. In Sec. 172.101, the following entries in the Hazardous 
Materials Table are revised to read as follows:


Sec. 172.101   Purpose and use of hazardous materials table.

* * * * *

                                                                            Section 172.101 Hazardous Materials Table                                                                           
                                                                                                                                                                                                
                                                                                                              (8) Packaging authorizations (Sec.       (9) Quantity         (10) Vessel stowage 
                 Hazardous                                                                                                 173.***)                     limitations            requirements     
                 materials        Hazard    Identification    Packing   Label(s) required       Special      -----------------------------------------------------------------------------------
  Symbols    descriptions and    class or       numbers        group    (if not excepted)      provisions                                          Passenger     Cargo                   Other  
              proper shipping    division                                                                     Exceptions   Non-bulk      Bulk      aircraft    aircraft     Vessel      stowage 
                   names                                                                                                   packaging   packaging  or railcar     only       stowage   provisions
(1)         (2)...............         (3)  (4)...........  (5).......  (6)..............  (7)..............  (8A)......        (8B)        (8C)  (9A)......  (9B)......  (10A).....  (10B)     
                                                                                                                                                                                                
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                                                                
                                                                                          * * * * * * *                                                                                         
            Acetyl chloride...           3  UN1717........  II........  FLAMMABLE LIQUID,  A3, A6, A7, B100,  None......         202         243  1 L.......  5 L.......  B.........  40        
                                                                         CORROSIVE.         N34, T18, T26.                                                                                      
            Acetyl iodide.....           8  UN1898........  II........  CORROSIVE........  B2, B101, T9.....  154.......         202         242  1L........  30 L......  C.........  8, 40     
            Alkali metal               4.3  UN1390........  II........  DANGEROUS WHEN     A6, A7, A8, A19,   None......         212         241  15 kg.....  50 kg.....  E.........  40        
             amides.                                                     WET.               A20, B101, B106.                                                                                    
            Alkaline earth             4.3  UN1393........  II........  DANGEROUS WHEN     A19, B100........  None......         212         241  15 kg.....  50 kg.....  E.........            
             metal alloys,                                               WET.                                                                                                                   
             n.o.s.                                                                                                                                                                             
            Allyl iodide......           3  UN1723........  II........  FLAMMABLE LIQUID,  A3, A6, B100,      None......         201         243  0.5 L.....  2.5 L.....  B.........  40        
                                                                         CORROSIVE.         N34, T18.                                                                                           
            Aluminum bromide,            8  UN1725........  II........  CORROSIVE........  B106.............  154.......         212         240  15 kg.....  50 kg.....  A.........  40        
             anhydrous.                                                                                                                                                                         
            Aluminum carbide..         4.3  UN1394........  II........  DANGEROUS WHEN     A20, B101, B106,   None......         212         242  15 kg.....  50 kg.....  A.........            
                                                                         WET.               N41.                                                                                                
            Aluminum chloride,           8  UN1726........  II........  CORROSIVE........  B106.............  154.......         212         240  15 kg.....  50 kg.....  A.........  40        
             anhydrous.                                                                                                                                                                         
            Aluminum                   4.3  UN1395........  II........  DANGEROUS WHEN     A19, B108........  None......         212         242  15 kg.....  50 kg.....  A.........  40, 85,   
             ferrosilicon                                                WET.                                                                                                          103      
             powder.                                                                                                                                                                            
            Aluminum hydride..         4.3  UN2463........  I.........  DANGEROUS WHEN     A19, B100, N40...  None......         211         242  Forbidden.  15 kg.....  E.........            
                                                                         WET.                                                                                                                   
            Aluminum phosphide         4.3  UN1397........  I.........  DANGEROUS WHEN     A8, A19, B100,     None......         211         242  Forbidden.  15 kg.....  E.........  40, 85    
                                                                         WET, POISON.       N40.                                                                                                
            Aluminum powder,           4.3  UN1396........  II........  DANGEROUS WHEN     A19, A20, B108...  None......         212         242  15 kg.....  50 kg.....  A.........  39        
             uncoated.                                                   WET.                                                                                                                   
            Ammonium hydrogen            8  UN1727........  II........  CORROSIVE........  B106, N34........  154.......         212         240  15 kg.....  50 kg.....  A.........  25, 26, 40
             fluoride, solid.                                                                                                                                                                   
            Ammonium nitrate,          5.1  UN2426........  ..........  OXIDIZER.........  B5, B100, B17,     None......        None         243  Forbidden.  Forbidden.  D.........  59, 60    
             liquid (hot                                                                    T25.                                                                                                
             concentrated                                                                                                                                                                       
             solution).                                                                                                                                                                         
            Antimony                     8  UN1733........  II........  CORROSIVE........  B106.............  154.......         212         240  15 kg.....  50 kg.....  A.........  40        
             trichloride,                                                                                                                                                                       
             solid.                                                                                                                                                                             
            Barium............         4.3  UN1400........  II........  DANGEROUS WHEN     A19, B100........  None......         212         241  15 kg.....  50 kg.....  E.........            
                                                                         WET.                                                                                                                   
            Benzene...........           3  UN1114........  II........  FLAMMABLE LIQUID.  B101, T8.........  150.......         202         242  5 L.......  60 L......  B.........  40        
            Benzotrichloride..           8  UN2226........  II........  CORROSIVE........  B2, B101, T15....  154.......         202         242  1 L.......  30 L......  A.........  40        
            Bifluoride,                  8  UN1740........  II........  CORROSIVE........  B106, N3, N34....  None......         212         240  15 kg.....  50 kg.....  A.........  25, 26, 40
             n.o.s., solid.                                                                                                                                                                     
            Bromobenzyl                6.1  UN1694........  I.........  POISON...........  B110, T18........  None......         211         241  Forbidden.  50 kg.....  D.........  12, 40    
             cyanides, solid.                                                                                                                                                                   
            Butyl vinyl ether,           3  UN2352........  II........  FLAMMABLE LIQUID.  B101, T7.........  150.......         202         242  5 L.......  60 L......  B.........  40        
             inhibited.                                                                                                                                                                         
            n-Butylamine......           3  UN1125........  II........  FLAMMABLE LIQUID.  B101, T8.........  150.......         202         242  5 L.......  60 L......  B.........  40        
            Butyryl chloride..           3  UN2353........  II........  FLAMMABLE LIQUID,  B100, T9, T26....  None......         202         243  1 L.......  5 L.......  C.........  40        
                                                                         CORROSIVE.                                                                                                             
            Calcium...........         4.3  UN1401........  II........  DANGEROUS WHEN     B100.............  None......         212         241  15 kg.....  50 kg.....  E.........  ..........
                                                                         WET.                                                                                                                   
            Calcium carbide...         4.3  UN1402........  II........  DANGEROUS WHEN     A1, A8, B55,       None......         212         241  15 kg.....  50 kg.....  B.........  ..........
                                                                         WET.               B101, B106, N34.                                                                                    
            Calcium cyanamide          4.3  UN1403........  III.......  DANGEROUS WHEN     A1, A19, B105....  None......         213         241  25 kg.....  100 kg....  A.........  ..........
             with more than                                              WET.                                                                                                                   
             0.1 percent of                                                                                                                                                                     
             calcium carbide.                                                                                                                                                                   
            Calcium hydride...         4.3  UN1404........  I.........  DANGEROUS WHEN     A19, B100, N40...  None......         211         242  Forbidden.  15 kg.....  E.........  ..........
                                                                         WET.                                                                                                                   
            Calcium                    5.1  UN2208........  III.......  OXIDIZER.........  A1, A29, B103,     152.......         213         240  25 kg.....  100 kg....  A.........  56, 58,   
             hypochlorite                                                                   N34.                                                                                       69, 106  
             mixtures, dry                                                                                                                                                                      
             with more than 10                                                                                                                                                                  
             percent but not                                                                                                                                                                    
             more than 39 per                                                                                                                                                                   
             cent available                                                                                                                                                                     
             chloride.                                                                                                                                                                          
            Calcium manganese          4.3  UN2844........  III.......  DANGEROUS WHEN     A1, A19, B105,     None......         213         241  25 kg.....  100 kg....  A.........  85, 103   
             silicon.                                                    WET.               B106.                                                                                               
            Calcium phosphide.         4.3  UN1360........  I.........  DANGEROUS WHEN     A8, A19, B100,     None......         211         242  Forbidden.  15 kg.....  E.........  40, 85    
                                                                         WET, POISON.       N40.                                                                                                
            Calcium silicide..         4.3  UN1405........  II........  DANGEROUS WHEN     A19, B106, B108..  None......         212         241  15 kg.....  50 kg.....  B.........  85, 103   
                                                                         WET.                                                                                                                   
            Cerium, turnings           4.3  UN3078........  II........  DANGEROUS WHEN     A1, B105, B106,    None......         213         242  15 kg.....  50 kg.....  E.........  ..........
             or gritty powder.                                           WET.               B109.                                                                                               
            Cesium or caesium.         4.3  UN1407........  I.........  DANGEROUS WHEN     A19, B100, N34,    None......         211         242  Forbidden.  15 kg.....  D.........  ..........
                                                                         WET.               N40.                                                                                                
            Chloral,                   6.1  UN2075........  II........  POISON...........  B101, T14........  None......         212         243  25 kg.....  100 kg....  D.........  40        
             anhydrous,                                                                                                                                                                         
             inhibited.                                                                                                                                                                         
            Chlorobutanes.....           3  UN1127........  II........  FLAMMABLE LIQUID.  B101, T8.........  150.......         202         242  5 L.......  60 L......  B.........  ..........
            Chloropicrin               6.1  UN1583........  I.........  POISON...........  5, B100..........  None......         201         243  Forbidden.  Forbidden.  C.........  40        
             mixtures, n.o.s..                                                                                                                                                                  
            ..................              ..............  II........  POISON...........  B100.............  None......         202         243  Forbidden.  Forbidden.  C.........  40        
            ..................              ..............  III.......  KEEP AWAY FROM     B100.............  153.......         203         241  Forbidden.  Forbidden.  C.........  40        
                                                                         FOOD.                                                                                                                  
            Chlorosilanes,               8  UN2986........  II........  CORROSIVE,         B100.............  None......         202         243  1 L.......  30 L......  C.........  23, 40    
             n.o.s., flash                                               FLAMMABLE LIQUID.                                                                                                      
             point not less                                                                                                                                                                     
             than 23 degrees C.                                                                                                                                                                 
            Chlorosilanes,               3  UN2985........  II........  FLAMMABLE LIQUID,  B100, T18, T26...  None......         201         243  1 L.......  5 L.......  B.........  40        
             n.o.s., flash                                               CORROSIVE.                                                                                                             
             point less than                                                                                                                                                                    
             23 degrees C.                                                                                                                                                                      
            Chromium trioxide,         5.1  UN1463........  II........  OXIDIZER,          B106.............  None......         212         242  5 kg......  25 kg.....  A.........  ..........
             anhydrous.                                                  CORROSIVE.                                                                                                             
            Corrosive solids,            8  UN2921........  I.........  CORROSIVE,         B106.............  None......         211         242  1 kg......  25 kg.....  B.........  12, 24,   
             flammable, n.o.s.                                           FLAMMABLE SOLID.                                                                                              25, 48   
            Corrosive solids,            8  UN3084........  I.........  CORROSIVE,         B100.............  None......         211         240  1 kg......  25 kg.....  C.........  89        
             oxidizing, n.o.s.                                           OXIDIZER.                                                                                                              
            ..................  ..........  ..............  II........  CORROSIVE,         B100.............  None......         212         240  15 kg.....  50 kg.....  C.........  89        
                                                                         OXIDIZER.                                                                                                              
            Corrosive solids,            8  UN3095........  I.........  CORROSIVE,         B100.............  None......         211         243  1 kg......  25 kg.....  C.........  ..........
             self-heating,                                               SPONTANEOUSLY                                                                                                          
             n.o.s.                                                      COMBUSTIBLE.                                                                                                           
            ..................  ..........  ..............  II........  CORROSIVE,         .................  None......         212         242  15 kg.....  50 kg.....  E.........  ..........
                                                                         SPONTANEOUSLY                                                                                                          
                                                                         COMBUSTIBLE.                                                                                                           
            Corrosive solids,            8  UN3096........  I.........  CORROSIVE,         B105.............  None......         211         243  1 kg......  25 kg.....  E.........  ..........
             which in contact                                            DANGEROUS WHEN                                                                                                         
             with water emit                                             WET.                                                                                                                   
             flammable gases,                                                                                                                                                                   
             n.o.s.                                                                                                                                                                             
            ..................  ..........  ..............  II........  CORROSIVE,         B105.............  None......         212         242  15 kg.....  50 kg.....  E.........  ..........
                                                                         DANGEROUS WHEN                                                                                                         
                                                                         WET.                                                                                                                   
            Cyclohexane.......           3  UN1145........  II........  FLAMMABLE LIQUID.  B101, T8.........  150.......         202         242  5 L.......  60 L......  E.........  ..........
            Cyclohexene.......           3  UN2256........  II........  FLAMMABLE LIQUID.  B101, T7.........  150.......         202         242  5 L.......  60 L......  E.........  ..........
            Cyclohexylamine...           8  UN2357........  II........  CORROSIVE,         B100, T8, T26....  None......         202         243  1 L.......  30 L......  A.........  12, 21,   
                                                                         FLAMMABLE LIQUID.                                                                                             40, 48   
            Cyclopentane......           3  UN1146........  II........  FLAMMABLE LIQUID.  B101, T14........  150.......         202         242  5 L.......  60 L......  E.........  ..........
            Cyclopentene......           3  UN2246........  II........  FLAMMABLE LIQUID.  B101, T13........  150.......         202         242  5 L.......  60 L......  E.........  ..........
            1,1-Dichloroethane           3  UN2362........  II........  FLAMMABLE LIQUID.  B101, T7.........  150.......         202         242  5 L.......  60 L......  B.........  40        
            Diethyl sulfate...         6.1  UN1594........  II........  POISON...........  B101, T14........  None......         202         243  5 L.......  60 L......  C.........  ..........
            Diethyl sulfide...           3  UN2375........  II........  FLAMMABLE LIQUID.  B101, T14........  None......         202         243  1 L.......  60 L......  E.........  ..........
            Diethylamine......           3  UN1154........  II........  FLAMMABLE LIQUID.  B101, N34, T8....  150.......         202         242  5 L.......  60 L......  E.........  ..........
            Diethyldichlorosil           8  UN1767........  II........  CORROSIVE,         A7, B6, N34,       None......         202         243  Forbidden.  30 L......  C.........  21, 40    
             ane.                                                        FLAMMABLE LIQUID.  B100, T8, T26.                                                                                      
            Diisopropyl ether.           3  UN1159........  II........  FLAMMABLE LIQUID.  B101, T8.........  150.......         202         242  5 L.......  60 L......  E.........  40        
            Diisopropylamine..           3  UN1158........  II........  FLAMMABLE LIQUID.  B101, T8.........  150.......         202         242  5 L.......  60 L......  B.........  ..........
            Dimethyl sulfide..           3  UN1164........  II........  FLAMMABLE LIQUID.  B100, T14........  None......         201         243  1 L.......  30 L......  E.........  40        
            Dinitrotoluenes,           6.1  UN1600........  II........  POISON...........  B100, T14........  None......         202         243  Forbidden.  Forbidden.  C.........  ..........
             molten.                                                                                                                                                                            
            Divinyl ether,               3  UN1167........  I.........  FLAMMABLE LIQUID.  B110,T14.........  None......         202         241  5L........  60L.......  e.........  40        
             inhibited.                                                                                                                                                                         
            Ethyl bromide.....         6.1  UN1891........  II........  POISON...........  B100, T17........  None......         202         243  5 L.......  60 L......  B.........  40        
            Ethyl butyl ether.           3  UN1179........  II........  FLAMMABLE LIQUID.  B1, B101, T1.....  150.......         202         242  5 L.......  60 L......  B.........  ..........
            Ethyl propyl ether           3  UN2615........  II........  FLAMMABLE LIQUID.  B101, T8.........  150.......         202         242  5 L.......  60 L......  E.........  ..........
            Ethyltrichlorosila           3  UN1196........  II........  FLAMMABLE LIQUID,  A7, B100, N34,     None......         201         243  Forbidden.  2.5 L.....  B.........  40        
             ne.                                                         CORROSIVE.         T15, T26.                                                                                           
            Ferrous metal              4.2  UN2793........  III.......  SPONTANEOUSLY      A1, A19, B101....  None......         213         241  25 kg.....  100 kg....  A.........  ..........
             borings,                                                    COMBUSTIBLE.                                                                                                           
             shavings,                                                                                                                                                                          
             turnings or                                                                                                                                                                        
             cuttings in a                                                                                                                                                                      
             form liable to                                                                                                                                                                     
             self-heating.                                                                                                                                                                      
            Flammable solids,          4.1  UN2925........  II........  FLAMMABLE SOLID,   B106.............  None......         212         242  15 kg.....  50 kg.....  D.........  40        
             corrosive, n.o.s.                                           CORROSIVE.                                                                                                             
            ..................  ..........  ..............  III.......  FLAMMABLE SOLID,   A1, B106.........  151.......         213         242  25 kg.....  100 kg....  D.........  40        
                                                                         CORROSIVE.                                                                                                             
            Flammable solids,          4.1  UN2926........  II........  FLAMMABLE SOLID,   B106.............  None......         212         242  15 kg.....  50 kg.....  B.........  40        
             poisonous, n.o.s.                                           POISON.                                                                                                                
            ..................  ..........  ..............  III.......  FLAMMABLE SOLID,   A1, B106.........  151.......         213         242  25 kg.....  100 kg....  B.........  40        
                                                                         KEEP AWAY FROM                                                                                                         
                                                                         FOOD.                                                                                                                  
            Fluoroacetic acid.         6.1  UN2642........  I.........  POISON...........  B100.............  None......         211         242  1 kg......  15 kg.....  E.........            
            Fluorobenzene.....           3  UN2387........  II........  FLAMMABLE LIQUID.  B101, T8.........  150.......         202         242  5 L.......  60 L......  B.........            
            Gasoline..........           3  UN1203........  II........  FLAMMABLE LIQUID.  B33, B101, T8....  150.......         202         242  5 L.......  60 L......  E.........            
            Hafnium powder,            4.2  UN2545........  I.........  SPONTANEOUSLY      B100.............  None......         211         242  Forbidden.  Forbidden.  D.........            
             dry.                                                        COMBUSTIBLE.                                                                                                           
            ..................  ..........  ..............  II........  SPONTANEOUSLY      A19, A20, B100,    None......         212         241  15 kg.....  50 kg.....  D.........            
                                                                         COMBUSTIBLE.       N34.                                                                                                
            ..................  ..........  ..............  III.......  SPONTANEOUSLY      B100.............  None......         213         241  25 kg.....  100 kg....  D.........            
                                                                         COMBUSTIBLE.                                                                                                           
            n-Heptene.........           3  UN2278........  II........  FLAMMABLE LIQUID.  B101, T8.........  150.......         202         242  5 L.......  60 L......  B.........            
            Hexadienes........           3  UN2458........  II........  FLAMMABLE LIQUID.  B101, T7.........  None......         202         242  5 L.......  60 L......  B.........            
            Hexamethylene              6.1  UN2281........  II........  POISON...........  B101, T14........  None......         202         243  5 L.......  60 L......  B.........  13, 40    
             diisocyanate.                                                                                                                                                                      
            Hexamethyleneimine           3  UN2493........  II........  FLAMMABLE LIQUID,  B101, T8.........  None......         202         243  1 L.......  5 L.......  B.........  40        
                                                                         CORROSIVE.                                                                                                             
            Hexanes...........           3  UN1208........  II........  FLAMMABLE LIQUID.  B101, T8.........  150.......         202         242  5 L.......  60 L......  E.........            
            1-Hexene..........           3  UN2370........  II........  FLAMMABLE LIQUID.  B101, T8.........  150.......         202         242  5 L.......  60 L......  E.........            
            Hydrogen peroxide          5.1  UN3149........  II........  OXIDIZER,          A2, A3, A6, B12,   None......         202         243  1 L.......  5 L.......  D.........  25, 66,   
             and peroxyacetic                                            CORROSIVE.         B53, B104, T14.                                                                            75, 106  
             acid mixtures,                                                                                                                                                                     
             with acids, water                                                                                                                                                                  
             and not more than                                                                                                                                                                  
             5 per cent                                                                                                                                                                         
             peroxyacetic                                                                                                                                                                       
             acid, stabilized.                                                                                                                                                                  
            Hydrogen peroxide,         5.1  UN2014........  II........  OXIDIZER,          12, A3, A6, B12,   None......         202         243  Forbidden.  Forbidden.  D.........  25, 66,   
             aqueous solutions                                           CORROSIVE.         B53, B80, B81,                                                                             75, 106  
             with more than 40                                                              B85, B104, T14,                                                                                     
             per cent but not                                                               T37.                                                                                                
             more than 60 per                                                                                                                                                                   
             cent hydrogen                                                                                                                                                                      
             peroxide                                                                                                                                                                           
             (stabilized as                                                                                                                                                                     
             necessary).                                                                                                                                                                        
            Hydrogen peroxide,         5.1  UN2984........  III.......  OXIDIZER.........  17, A1, B104, T8,  152.......         203         241  2.5 L.....  30 L......  B.........  25, 75,   
             aqueous solutions                                                              T37.                                                                                       106      
             with not less                                                                                                                                                                      
             than 8 per cent                                                                                                                                                                    
             but less than 20                                                                                                                                                                   
             per cent hydrogen                                                                                                                                                                  
             peroxide                                                                                                                                                                           
             (stabilized as                                                                                                                                                                     
             necessary).                                                                                                                                                                        
            Hydrogen peroxide,         5.1  U2014.........  II........  OXIDIZER,          A2, A3, A6, B12,   None......         202         243  1 L.......  5 L.......  D.........  25, 66,   
             aqueous solutions                                           CORROSIVE.         B53, B104, T14,                                                                            75, 106  
             with not less                                                                  T37.                                                                                                
             than 20 per cent                                                                                                                                                                   
             but not more than                                                                                                                                                                  
             40 per cent                                                                                                                                                                        
             hydrogen peroxide                                                                                                                                                                  
             (stabilized as                                                                                                                                                                     
             necessary).                                                                                                                                                                        
            Hypochlorite                 8  UN1791........  III.......  CORROSIVE........  B104, N34, T7....  154.......         203         242  5 L.......  60 L......  B.........  26        
             solutions with                                                                                                                                                                     
             more than 5 per                                                                                                                                                                    
             cent but less                                                                                                                                                                      
             than 16 per cent                                                                                                                                                                   
             available                                                                                                                                                                          
             chloride.                                                                                                                                                                          
            Isobutylamine.....           3  UN1214........  II........  FLAMMABLE LIQUID.  B101, T8.........  150.......         202         242  5 L.......  60 L......  B.........  40        
            Isobutyryl                   3  UN2395........  II........  FLAMMABLE LIQUID,  B100, T9, T26....  None......         202         243  1 L.......  5 L.......  C.........  40        
             chloride.                                                   CORROSIVE.                                                                                                             
            Isocyanatobenzotri-        6.1  UN2285........  II........  POISON...........  5, B101, T14.....  None......         202         243  5 L.......  60 L......  B.........  25, 40, 48
             fluorides.                                                                                                                                                                         
            Lithium...........         4.3  UN1415........  II........  DANGEROUS WHEN     A7, A19, B100,     None......         212         244  Forbidden.  50 kg.....  E.........  ..........
                                                                         WET.               N45.                                                                                                
            Lithium aluminum           4.3  UN1410........  I.........  DANGEROUS WHEN     A19, B100, N40...  None......         211         242  Forbidden.  15 kg.....  E.........  ..........
             hydride.                                                    WET.                                                                                                                   
            Lithium                    4.3  UN2830........  II........  DANGEROUS WHEN     A19, B105, B106..  None......         212         241  15 kg.....  50 kg.....  E.........  40, 85,   
             ferrosilicon.                                               WET.                                                                                                          103      
            Lithium hydride...         4.3  UN1414........  I.........  DANGEROUS WHEN     A19, B100, N40...  None......         211         242  Forbidden.  15 kg.....  E.........  ..........
                                                                         WET.                                                                                                                   
            Lithium hydride,           4.3  UN2805........  II........  DANGEROUS WHEN     A8, A19, A20,      None......         212         241  15 kg.....  50 kg.....  E.........  ..........
             fused solid.                                                WET.               B101, B106.                                                                                         
            Lithium silicon...         4.3  UN1417........  II........  DANGEROUS WHEN     A19, A20, B100...  None......         212         241  15 kg.....  50 kg.....  A.........  85, 103   
                                                                         WET.                                                                                                                   
            Magnesium aluminum         4.3  UN1419........  I.........  DANGEROUS WHEN     A19, B100, N34,    None......         211         242  Forbidden.  15 kg.....  E.........  40, 85    
             phosphide.                                                  WET, POISON.       N40.                                                                                                
            Magnesium                  4.3  UN2950........  III.......  DANGEROUS WHEN     A1, A19, B108....  None......         213         240  25 kg.....  100 kg....  A.........  ..........
             granules, coated                                            WET.                                                                                                                   
             particle size not                                                                                                                                                                  
             less than 149                                                                                                                                                                      
             microns.                                                                                                                                                                           
            Magnesium hydride.         4.3  UN2010........  I.........  DANGEROUS WHEN     A19, B100, N40...  None......         211         242  Forbidden.  15 kg.....  E.........  ..........
                                                                         WET.                                                                                                                   
            Magnesium, powder          4.3  UN1418........  II........  DANGEROUS WHEN     A19, B56, B100...  None......         212         241  15 kg.....  50 kg.....  A.........  39        
             or Magnesium                                                WET,                                                                                                                   
             alloys, powder.                                             SPONTANEOUSLY                                                                                                          
                                                                         COMBUSTIBLE.                                                                                                           
            Magnesium silicide         4.3  UN2624........  II........  DANGEROUS WHEN     A19, A20, B105,    None......         212         241  15 kg.....  50 kg.....  B.........  85, 103   
                                                                         WET.               B106.                                                                                               
            Maneb or Maneb             4.2  UN2210........  III.......  SPONTANEOUSLY      A1, A19, B105....  None......         213         242  25 kg.....  100 kg....  A.........  34        
             prepareations                                               COMBUSTIBLE,                                                                                                           
             with not less                                               DANGEROUS WHEN                                                                                                         
             than 60 percent                                             WET.                                                                                                                   
             maneb.                                                                                                                                                                             
            Maneb stabilized           4.3  UN2968........  III.......  DANGEROUS WHEN     A1, A19, B108....  None......         213         242  25 kg.....  100 kg....  B.........  34        
             or Maneb                                                    WET.                                                                                                                   
             preparations,                                                                                                                                                                      
             stabilized                                                                                                                                                                         
             against self-                                                                                                                                                                      
             heating.                                                                                                                                                                           
            Methyl acetate....           3  UN1231........  II........  FLAMMABLE LIQUID.  B101, T8.........  150.......         202         242  5 L.......  60 L......  B.........  ..........
            Methyl allyl                 3  UN2554........  II........  FLAMMABLE LIQUID.  B101, T8.........  150.......         202         242  5 L.......  60 L......  E.........  ..........
             chloride.                                                                                                                                                                          
            Methyl                     6.1  UN2643........  II........  POISON...........  B100, T8.........  None......         202         243  5 L.......  60 L......  D.........  40        
             bromoacetate.                                                                                                                                                                      
            Methyl tert-butyl            3  UN2398........  II........  FLAMMABLE LIQUID.  B101, T14........  150.......         202         242  5 L.......  60 L......  E.........            
             ether.                                                                                                                                                                             
            Methyl propionate.           3  UN1248........  II........  FLAMMABLE LIQUID.  B101, T2.........  150.......         202         242  5 L.......  60 L......  B.........  ..........
            Methyltetrahydrofu           3  UN2536........  II........  FLAMMABLE LIQUID.  B101, T7.........  150.......         202         242  5 L.......  60 L......  B.........  ..........
             ran.                                                                                                                                                                               
            Natural gasoline..           3  UN1257........  I.........  FLAMMABLE LIQUID.  T8...............  150.......         202         242  1 L.......  30 L......  E.........  ..........
            ..................  ..........  ..............  II........  FLAMMABLE LIQUID.  B101T8...........  150.......         202         242  5L........  60L.......  E.........            
            Nitrating acid               8  UN1826........  II........  CORROSIVE........  B2, B100, T12,     None......         158         242  Forbidden.  30 L......  D.........  40        
             mixtures, spent                                                                T27.                                                                                                
             with not more                                                                                                                                                                      
             than 50 per cent                                                                                                                                                                   
             nitric acid.                                                                                                                                                                       
            p-Nitroso-                 4.2  UN1369........  II........  SPONTANEOUSLY      A19, A20, B101,    None......         212         241  15 kg.....  50 kg.....  D.........  34        
             dimethylaniline.                                            COMBUSTIBLE.       N34.                                                                                                
            Osmium tetroxide..         6.1  UN2471........  I.........  POISON...........  A8, B100, N33,     None......         211         242  5 kg......  50 kg.....  B.........  40        
                                                                                            N34.                                                                                                
            Paper, unsaturated         4.2  UN1379........  III.......  SPONTANEOUSLY      B101, B106.......  None......         213         241  Forbidden.  Forbidden.  A.........  ..........
             oil treated                                                 COMBUSTIBLE.                                                                                                           
             incompletely                                                                                                                                                                       
             dried (including                                                                                                                                                                   
             carbon paper).                                                                                                                                                                     
            Phenacyl bromide..         6.1  UN2645........  II........  POISON...........  B106.............  None......         212         242  25 kg.....  100 kg....  B.........  40, 48    
            Phenol, molten....         6.1  UN2312........  II........  POISON...........  B14, B100, T8....  None......         202         243  Forbidden.  Forbidden.  B.........  40        
            Phenyl isocyanate.         6.1  UN2487........  II........  POISON...........  B101.............  None......         227         244  5 L.......  60 L......  D.........  40        
            Phosphorus                   8  UN1939........  II........  CORROSIVE........  B8, B106, N41,     None......         212         240  Forbidden.  50 kg.....  C.........  12, 40, 48
             oxybromide.                                                                    N43.                                                                                                
            Phosphorus                   8  UN2691........  II........  CORROSIVE........  A7, B106, N34....  154.......         212         240  Forbidden.  50 kg.....  B.........  12, 40, 48
             pentabromide.                                                                                                                                                                      
            Phosphorus                   8  UN1806........  II........  CORROSIVE........  A7, B106, N34....  None......         212         240  Forbidden.  50 kg.....  C.........  40        
             pentachoride.                                                                                                                                                                      
            Phosphorus                 4.3  UN1340........  II........  DANGEROUS WHEN     A20, B59, B100...  None......         212         242  15 kg.....  50 kg.....  B.........  74        
             pentasulfide,                                               WET.                                                                                                                   
             free from yellow                                                                                                                                                                   
             or white                                                                                                                                                                           
             phosphorus.                                                                                                                                                                        
            Poisonous solids,          6.1  UN2930........  I.........  POISON, FLAMMABLE  B106.............  None......         211         242  1 kg......  15 kg.....  B.........  ..........
             flammable, n.o.s.                                           SOLID.                                                                                                                 
            ..................  ..........  ..............  II........  POISON, FLAMMABLE  B106.............  None......         212         242  15 kg.....  50 kg.....  B.........  ..........
                                                                         SOLID.                                                                                                                 
            Poisonous solids,          6.1  UN3124........  I.........  POISON,            A5, B100.........  None......         211         241  5 kg......  15 kg.....  C.........  ..........
             self heating,                                               SPONTANEOUSLY                                                                                                          
             n.o.s.                                                      COMBUSTIBLE.                                                                                                           
            Poisonous solids,          6.1  UN3125........  I.........  POISON, DANGEROUS  A5, B101.........  None......         211         241  5 kg......  15 kg.....  E.........  ..........
             which in contact                                            WHEN WET.                                                                                                              
             with water emit                                                                                                                                                                    
             flammable gases,                                                                                                                                                                   
             n.o.s.                                                                                                                                                                             
            ..................  ..........  ..............  ..........  POISON, DANGEROUS  B100.............  None......         212         242  15 kg.....  50 kg.....  E.........  ..........
                                                                         WHEN WET.                                                                                                              
            Potassium.........         4.3  UN2257........  II........  DANGEROUS WHEN     A19, A20, B27,     None......         212         244  Forbidden.  50 kg.....  D.........  ..........
                                                                         WET.               B100, N6, N34,                                                                                      
                                                                                            T15, T26.                                                                                           
            Potassium                    8  UN1811........  II........  CORROSIVE, POISON  B106, N3, N34, T8  154.......         212         242  15 kg.....  50 kg.....  A.........  25, 26,   
             bifluoride, solid.                                                                                                                                                        40, 95   
            Potassium sulfide,         4.2  UN1382........  II........  SPONTANEOUSLY      A19, A20, B16,     None......         212         241  15 kg.....  50 kg.....  A.........  ..........
             anhydrous or                                                COMBUSTIBLE.       B106, N34.                                                                                          
             Potassium sulfide                                                                                                                                                                  
             with less than 30                                                                                                                                                                  
             percent water of                                                                                                                                                                   
             crystallization.                                                                                                                                                                   
            Propionyl chloride           3  UN1815........  II........  FLAMMABLE LIQUID,  B100, T8, T26....  None......         202         243  1 L.......  5 L.......  B.........  40        
                                                                         CORROSIVE.                                                                                                             
            Rubidium..........         4.3  UN1423........  I.........  DANGEROUS WHEN     22, A7, A19,       None......         211         242  Forbidder.  15 kg.....  E.........  ..........
                                                                         WET.               B100, N34, N40,                                                                                     
                                                                                            N45.                                                                                                
            Self-heating               4.2  UN3088........  II........  SPONTANEOUSLY      B101.............  None......         212         241  25 kg.....  100 kg....  C.........  ..........
             substances,                                                 COMBUSTIBLE.                                                                                                           
             solid, n.o.s.                                                                                                                                                                      
            ..................  ..........  ..............  III.......  SPONTANEOUSLY      B101.............  None......         213         241  25 kg.....  100 kg....  C.........  ..........
                                                                         COMBUSTIBLE.                                                                                                           
            Sodium............         4.3  UN1428........  II........  DANGEROUS WHEN     A7, A8, A19, A20,  None......         212         244  Forbidden.  50 kg.....  D.........  ..........
                                                                         WET.               B9, B28, B48,                                                                                       
                                                                                            B68, B100, N34,                                                                                     
                                                                                            T15, T29, T46.                                                                                      
            Sodium aluminum            4.3  UN2835........  II........  DANGEROUS WHEN     A8, A19, A20,      None......         212         242  Forbidden.  50 kg.....  E.........  ..........
             hydride.                                                    WET.               B100.                                                                                               
            Sodium dithionite          4.2  UN1384........  II........  SPONTANEOUSLY      A19, A20, B106...  None......         212         241  15 kg.....  50 kg.....  E.........  13        
             or Sodium                                                   COMBUSTIBLE.                                                                                                           
             hydrosulfite.                                                                                                                                                                      
            Sodium hydride....         4.3  UN1427........  I.........  DANGEROUS WHEN     A19, B100, N40...  None......         211         242  Forbidden.  15 kg.....  E.........  ..........
                                                                         WET.                                                                                                                   
            Sodium hydrogen              8  UN2439........  II........  CORROSIVE........  B106, N3, N34....  154.......         212         240  15 kg.....  50 kg.....  A.........  12, 25,   
             fluoride.                                                                                                                                                                 26, 40,  
                                                                                                                                                                                       48       
            Sodium sulfide,            4.2  UN1385........  II........  SPONTANEOUSLY      A19, A20, B106,    None......         212         241  15 kg.....  50 kg.....  A.........  ..........
             anhydrous or                                                COMBUSTIBLE.       N34.                                                                                                
             Sodium sulfide                                                                                                                                                                     
             with less than 30                                                                                                                                                                  
             per cent water                                                                                                                                                                     
             crystallization.                                                                                                                                                                   
            Stannic phosphide.         4.3  UN1433........  I.........  DANGEROUS WHEN     A19, B100, N40...  None......         211         242  Forbidden.  15 kg.....  E.........  40, 85    
                                                                         WET.                                                                                                                   
            Substances which           4.3  UN3131........  I.........  DANGEROUS WHEN     N40, B100........  None......         211         242  Forbidden.  15 kg.....  E.........  ..........
             in contact with                                             WET, CORROSIVE.                                                                                                        
             water emit                                                                                                                                                                         
             flammable gases,                                                                                                                                                                   
             solid, corrosive,                                                                                                                                                                  
             n.o.s.                                                                                                                                                                             
            ..................  ..........  ..............  II........  DANGEROUS WHEN     B100.............  None......         212         242  15 kg.....  50 kg.....  E.........  ..........
                                                                         WET, CORROSIVE.                                                                                                        
            ..................  ..........  ..............  III.......  DANGEROUS WHEN     B100.............  None......         213         241  25 kg.....  100 kg....  E.........  ..........
                                                                         WET, CORROSIVE.                                                                                                        
            Substances which           4.3  UN3132........  I.........  DANGEROUS WHEN     N40, B100........  None......         211         242  Forbidden.  15 kg.....  E.........  ..........
             in contact with                                             WET, FLAMMABLE                                                                                                         
             water emit                                                  SOLID.                                                                                                                 
             flammable gases,                                                                                                                                                                   
             solid, flammable,                                                                                                                                                                  
             n.o.s.                                                                                                                                                                             
            ..................  ..........  ..............  II........  DANGEROUS WHEN     B100.............  None......         212         242  15 kg.....  50 kg.....  E.........            
                                                                         WET, FLAMMABLE                                                                                                         
                                                                         SOLID.                                                                                                                 
            ..................  ..........  ..............  III.......  DANGEROUS WHEN     B100.............  None......         213         241  25 kg.....  100 kg....  E.........  ..........
                                                                         WET, FLAMMABLE                                                                                                         
                                                                         SOLID.                                                                                                                 
            Substances which           4.3  UN2813........  I.........  DANGEROUS WHEN     N40, B100........  None......         211         242  Forbidden.  15 kg.....  E.........  40        
             in contact with                                             WET.                                                                                                                   
             water emit                                                                                                                                                                         
             flammable gases,                                                                                                                                                                   
             solid, n.o.s.                                                                                                                                                                      
            ..................  ..........  ..............  II........  DANGEROUS WHEN     B100.............  None......         212         242  15 kg.....  50 kg.....  E.........  40        
                                                                         WET.                                                                                                                   
            ..................  ..........  ..............  III.......  DANGEROUS WHEN     B100.............  None......         213         241  25 kg.....  100 kg....  E.........  40        
                                                                         WET.                                                                                                                   
            Substances which           4.3  UN3134........  I.........  DANGEROUS WHEN     A5, N40, B101....  None......         211         242  Forbidden.  15 kg.....  E.........  ..........
             in contact with                                             WET, POISON.                                                                                                           
             water, emit                                                                                                                                                                        
             flammable gases,                                                                                                                                                                   
             solid, poisonous,                                                                                                                                                                  
             n.o.s.                                                                                                                                                                             
            ..................  ..........  ..............  II........  DANGEROUS WHEN     B105.............  None......         212         242  15 kg.....  50 kg.....  E.........  ..........
                                                                         WET, POISON.                                                                                                           
            ..................  ..........  ..............  III.......  DANGEROUS WHEN     B105.............  None......         213         241  25 kg.....  100 kg....  E.........  ..........
                                                                         WET, POISON.                                                                                                           
            Substances which           4.3  UN3135........  I.........  DANGEROUS WHEN     B100, N40........  None......         211         242  Forbidden.  15 kg.....  E.........  ..........
             in contact with                                             WET,                                                                                                                   
             water emit                                                  SPONTANEOUSLY                                                                                                          
             flammable gases,                                            COMBUSTIBLE.                                                                                                           
             solid, self-                                                                                                                                                                       
             heating, n.o.s..                                                                                                                                                                   
            ..................  ..........  ..............  II........  DANGEROUS WHEN     B100.............  None......         212         242  15 kg.....  50 kg.....  E.........  ..........
                                                                         WET,                                                                                                                   
                                                                         SPONTANEOUSLY                                                                                                          
                                                                         COMBUSTIBLE.                                                                                                           
            ..................  ..........  ..............  III.......  DANGEROUS WHEN     B100.............  None......         213         241  25 kg.....  100 kg....  E.........            
                                                                         WET,                                                                                                                   
                                                                         SPONTANEOUSLY                                                                                                          
                                                                         COMBUSTIBLE.                                                                                                           
            Thiophene.........           3  UN2414........  II........  FLAMMABLE LIQUID.  B101, T2.........  150.......         202         242  5 L.......  60 L......  B.........  40        
            Thiophosphoryl               8  UN1837........  II........  CORROSIVE........  A3, A7, B2, B8,    None......         202         242  Forbidden.  30 L......  C.........  8, 40     
             chloride.                                                                      B25, B101, N34,                                                                                     
                                                                                            T12.                                                                                                
            Titanium                     8  UN2869........  II........  CORROSIVE........  A7, B106, N34....  154.......         212         240  15 kg.....  50 kg.....  A.........  40        
             tricloride                                                                                                                                                                         
             mixtures.                                                                                                                                                                          
            Toluene                    6.1  UN2078........  II........  POISON...........  B101, T14........  None......         202         243  5 L.......  60 L......  B.........  25, 40    
             diisocyanate.                                                                                                                                                                      
            Triethylamine.....           3  UN1296........  II........  FLAMMABLE LIQUID.  B101, T8.........  150.......         202         242  5 L.......  60 L......  B.........  40        
            Vinyl ethyl ether,           3  UN1302........  II........  FLAMMABLE LIQUID.  A3, B100, T14....  None......         201         243  1 L.......  30 L......  E.........            
             inhibited.                                                                                                                                                                         
            Vinylpyridenes,            6.1  UN3073........  II........  POISON, FLAMMABLE  B100, T8.........  None......         212         243  5 L.......  60 L......  B.........  40        
             inhibited.                                                  LIQUID.                                                                                                                
            Zinc ashes........         4.3  UN1435........  III.......  DANGEROUS WHEN     A1, A19, B108....  None......         213         241  25 kg.....  100 kg....  A.........            
                                                                         WET.                                                                                                                   
            Zinc powder or             4.3  UN1436........  I.........  DANGEROUS WHEN     B100.............  None......         211         242  Forbidden.  15 kg.....  A.........            
             Zinc dust.                                                  WET,                                                                                                                   
                                                                         SPONTANEOUSLY                                                                                                          
                                                                         COMBUSTIBLE.                                                                                                           
            ..................  ..........  ..............  II........  DANGEROUS WHEN     B108.............  None......         212         242  15 kg.....  50 kg.....  A.........            
                                                                         WET,                                                                                                                   
                                                                         SPONTANEOUSLY                                                                                                          
                                                                         COMBUSTIBLE.                                                                                                           
            ..................  ..........  ..............  III.......  DANGEROUS WHEN     B108.............  None......         213         242  25 kg.....  100 kg....  A.........            
                                                                         WET,                                                                                                                   
                                                                         SPONTANEOUSLY                                                                                                          
                                                                         COMBUSTIBLE.                                                                                                           
                                                                                                                                                                                                
                                                                                          * * * * * * *                                                                                         

    7. In Sec. 172.102, in paragraph (c)(3) Special Provisions B100, 
B101, B103, B104, B105, B106, B108, B109 and B110 are added in 
appropriate alpha-numeric order to read as follows:


Sec. 172.102  Special provisions.

* * * * *
    (c) * * *
    (3) * * *

Code/Special Provisions

* * * * *
B100  Intermediate bulk containers are not authorized.
B101  Authorized only in metal intermediate bulk containers.
B103  If an intermediate bulk container is used, the package must be 
transported in a closed freight container or transport vehicle.
B104  Intermediate bulk containers must be provided with a device to 
allow venting during transport. The inlet to the pressure relief 
valve must communicate with the vapor space of the packaging and 
lading during transport.
B105  Authorized only in rigid intermediate bulk containers.
B106  Authorized in intermediate bulk containers that are vapor 
tight.
B108  Authorized in sift-proof, water-resistant flexible, fiberboard 
or wooden intermediate bulk containers; packed in a closed transport 
vehicle.
B109  Not authorized in flexible intermediate bulk containers.
B110  Authorized in intermediate bulk containers only in accordance 
with Sec. 173.242(d) of this subchapter.
* * * * *
    8. In Sec. 172.322, paragraphs (b) and (e)(2) are revised to read 
as follows:


Sec. 172.322  Marine pollutants.

* * * * *
    (b) A bulk packaging that contains a marine pollutant must--
    (1) Be marked with the MARINE POLLUTANT mark on at least two 
opposing sides or two ends other than the bottom if the packaging has a 
capacity of less than 3,785 L (1,000 gallons). The mark must be visible 
from the direction it faces. The mark may be displayed in black 
lettering on a square-on-point configuration having the same outside 
dimensions as a placard; or
    (2) Be marked on each end and each side with the MARINE POLLUTANT 
mark if the packaging has a capacity of 3,785 L (1,000 gallons) or 
more. The mark must be visible from the direction it faces. The mark 
may be displayed in black lettering on a square-on-point configuration 
having the same outside dimensions as a placard.
* * * * *
    (e) * * *
    (2) The symbol, letters and border must be black and the background 
white, or the symbol, letters, border and background must be of 
contrasting color to the surface to which the mark is affixed. Each 
side of the mark must be--
    (i) At least 100 mm (3.9 inches) for marks applied to:
    (A) Non-bulk packagings, except in the case of packagings which, 
because of their size, can only bear smaller marks; or
    (B) Bulk packagings with a capacity of less than 3785 L (1,000 
gallons); or
    (ii) At least 250 mm (9.8 inches) for marks applied to all other 
bulk packagings.
    9. In Sec. 172.514, paragraph (c)(3) is amended by removing the 
period at the end of the paragraph and replacing it with ``; and'' and 
paragraph (c)(4) is added to read as follows:


Sec. 172.514  Bulk packagings other than tank cars.

* * * * *
    (c) * * *
    (4) An intermediate bulk container.

PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND 
PACKAGINGS

    10. The authority citation for part 173 continues to read as 
follows:

    Authority: 49 App. U.S.C. 1803, 1804, 1805, 1806, 1807, 1808, 
1817; 49 CFR part 1, unless otherwise noted.


Sec. 173.24  [Amended]

    11. In Sec. 173.24, the third sentence of paragraph (d) is amended 
by replacing ``subpart L'' with ``subpart L or subpart N'' and 
replacing ``subpart M'' with ``subpart M or subpart O, as 
appropriate,''.
    12. In Sec. 173.32, paragraphs (d) and (e)(1)(ii) are revised to 
read as follows:


Sec. 173.32  Qualification, maintenance and use of portable tanks other 
than Specification IM portable tanks.

* * * * *
    (d) Use of Specification 52, 53, 56 and 57 portable tanks. 
Continued use of an existing portable tank constructed to DOT 
Specification 52 or 53 is authorized only for a tank constructed before 
June 1, 1972. Continued use of an existing portable tank constructed to 
DOT Specification 56 or 57 is authorized only for a tank constructed 
before October 1, 1996.
    (e) * * *
    (1) * * *
    (ii) Specifications 52, 53, 56 and 57 portable tanks 
(Secs. 178.251, 178.252, 178.253 of this subchapter): At least once 
every 2.5 years.
* * * * *
    13. Section 173.35 is added to read as follows:


Sec. 173.35  Hazardous materials in intermediate bulk containers.

    (a) No person may offer or accept a hazardous material for 
transportation in an intermediate bulk container except as authorized 
by this subchapter. Each intermediate bulk container used for the 
transportation of hazardous materials must conform to the requirements 
of its specification and regulations for the transportation of the 
particular commodity. A specification intermediate bulk container, for 
which the prescribed periodic retest or inspection under subpart D of 
part 180 of this subchapter is past due, may not be filled and offered 
for transportation until the retest or inspection have been 
successfully completed. This requirement does not apply to any 
intermediate bulk container filled prior to the retest or inspection 
due date.
    (b) Before being filled and offered for transportation, each 
intermediate bulk container and its service equipment must be visually 
inspected to ensure that it is free from corrosion, contamination, 
cracks, or other damage which would render the intermediate bulk 
container unsafe for transportation. No rigid plastic or composite 
intermediate bulk container with repaired bodies may be reused; 
however, plastic components, such as closures, valves, or legs, may be 
replaced. Fiberboard, wooden, or flexible intermediate bulk containers 
may not be reused.
    (c) A metal intermediate bulk container, or a part thereof, subject 
to thinning by mechanical abrasion or corrosion due to the lading, must 
be protected by providing a suitable increase in thickness of material, 
a lining or some other suitable method of protection. Increased 
thickness for corrosion or abrasion protection must be added to the 
wall thickness specified in Sec. 178.705(c)(1)(iv) of this subchapter.
    (d) Notwithstanding requirements in Sec. 173.24b of this subpart, 
when filling an intermediate bulk container with liquids, sufficient 
ullage must be left to ensure that, at the mean bulk temperature of 50 
deg.C (122  deg.F), the intermediate bulk container is not filled to 
more than 98 percent of its water capacity.
    (e) Where two or more closure systems are fitted in series, the 
system nearest to the hazardous material being carried must be closed 
first.
    (f) During transportation--
    (1) No hazardous material may remain on the outside of the 
intermediate bulk container; and
    (2) Each intermediate bulk container must be securely fastened to 
or contained within the transport unit.
    (g) Each intermediate bulk container used for transportation of 
solids which may become liquid at temperatures likely to be encountered 
during transportation must also be capable of containing the substance 
in the liquid state.
    (h) Liquid hazardous materials may only be offered for 
transportation in a metal, rigid plastic, or composite intermediate 
bulk container that is appropriately resistant to an increase of 
internal pressure likely to develop during transportation.
    (1) A rigid plastic or composite intermediate bulk container may 
only be filled with a liquid having a vapor pressure less than or equal 
to the greater of the following two values: the first value is 
determined from any of the methods in paragraphs (h)(1) (i), (ii) or 
(iii) of this section. The second value is determined by the method in 
paragraph (h)(1)(iv) of this section.
    (i) The gauge pressure (pressure in the intermediate bulk container 
above ambient atmospheric pressure) measured in the intermediate bulk 
container at 55  deg.C (131  deg.F). This gauge pressure must not 
exceed two-thirds of the marked test pressure and must be determined 
after the intermediate bulk container was filled and closed at 15 
deg.C (60  deg.F) to less than or equal to 98 percent of its capacity.
    (ii) The absolute pressure (vapor pressure of the hazardous 
material plus atmospheric pressure) in the intermediate bulk container 
at 50  deg.C (122  deg.F). This absolute pressure must not exceed four-
sevenths of the sum of the marked test pressure and 100 kPa (14.5 psi).
    (iii) The absolute pressure (vapor pressure of the hazardous 
material plus atmospheric pressure) in the intermediate bulk container 
at 55  deg.C (131  deg.F). This absolute pressure must not exceed two-
thirds of the sum of the marked test pressure and 100 kPa (14.5 psi).
    (iv) Twice the static pressure of the substance, measured at the 
bottom of the intermediate bulk container. This value must not be less 
than twice the static pressure of water.
    (2) Gauge pressure (pressure in the intermediate bulk container 
above ambient atmospheric pressure) in metal intermediate bulk 
containers must not exceed 110 kPa (16 psig) at 50  deg.C (122  deg.F) 
or 130 kPa (18.9 psig) at 55  deg.C (131  deg.F).
    (i) The requirements in this section do not apply to DOT-56 or -57 
portable tanks.
    (j) No intermediate bulk container may be filled with a Packing 
Group I liquid. Rigid plastic, composite, flexible, wooden or 
fiberboard intermediate bulk containers used to transport Packing Group 
I solid materials may not exceed 1.5 cubic meters (17.7 cubic feet) 
capacity. For Packing Group I solids, a metal intermediate bulk 
container may not exceed 3 cubic meters (35.3 cubic feet) capacity.
    (k) When an intermediate bulk container is used for the 
transportation of liquids with a flashpoint of 60.5  deg.C (141  deg.F) 
(closed cup) or lower, or powders with the potential for dust 
explosion, measures must be taken during product loading and unloading 
to prevent a dangerous electrostatic discharge.
    14. In Sec. 173.225, in paragraph (b) the following entries in the 
Organic Peroxides Table, and Note 14 following the Table are revised, 
and a new paragraph (e)(5) is added to read as follows:


Sec. 173.225  Packaging requirements and other provisions for organic 
peroxides.

* * * * *
    (b) * * *

                                                                 Organic Peroxides Table                                                                
                                                                                                                                                        
                                                             Diluent (Mass %)                                        Temperature ( deg.C)               
   Technical name        ID No.    Concentration --------------------------------------- Water (Mass    Packing   --------------------------    Notes   
                                      (Mass %)         A            B            I            %)         method      Control     Emergency              
(1)                           (2)           (3)          (4a)         (4b)         (4c)          (5)          (6)         (7a)         (7b)          (8)
                                                                                                                                                        
--------------------------------------------------------------------------------------------------------------------------------------------------------
[Revised]                                                                                                                                               
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
    Di-(4-tert-                                                                                                                                         
     butycyclohexyl)                                                                                                                                    
     peroxydicarbona                                                                                                                                    
     te as a stable                                                                                                                                     
     dispersion in                                                                                                                                      
     water..........       UN3119           =42   ...........  ...........  ...........  ...........         OP8A           30           35           14
    Dicetyl                                                                                                                                             
     peroxydicarbona                                                                                                                                    
     te as a stable                                                                                                                                     
     dispersion in                                                                                                                                      
     water..........       UN3119           =42   ...........  ...........  ...........  ...........         OP8A           30           35           14
    Dilauroyl                                                                                                                                           
     peroxide as a                                                                                                                                      
     stable                                                                                                                                             
     dispersion in                                                                                                                                      
     water..........       UN3109           =42   ...........  ...........  ...........  ...........         OP8A  ...........  ...........           14
    Dimyristyl                                                                                                                                          
     peroxydicarbona                                                                                                                                    
     te as a stable                                                                                                                                     
     dispersion in                                                                                                                                      
     water..........       UN3119           =42   ...........  ...........  ...........  ...........         OP8A           20           25           14
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Notes:                                                                                                                                                  
*****                                                                                                                                                   
14. For domestic shipments, this material may be transported in an intermediate bulk container or bulk packaging under the provisions of Sec.           
  173.225(e)(3)(ii).                                                                                                                                    

* * * * *
    (e) Bulk packagings for organic peroxides. * * *
* * * * *
    (5) Intermediate bulk containers. Specification 31HA1 composite 
intermediate bulk containers that are tested at the Packing Group II 
performance level in accordance with subpart O of part 178 of this 
subchapter.

    16. In Sec. 173.240, paragraph (d) is added to read as follows:


Sec. 173.240  Bulk packaging for certain low hazard solid materials.

* * * * *
    (d) Intermediate bulk containers. Intermediate bulk containers are 
authorized subject to the conditions and limitations of this paragraph 
and paragraph (d)(2) of this section provided they conform to the 
requirements in subpart O of part 178 of this subchapter at the Packing 
Group performance level specified in column 5 of the Sec. 172.101 Table 
of this subchapter for the material being transported.
    (1) The following are authorized:
    (i) Composite: 11HZ1, 11HZ2, 21HZ1, 21HZ2, 31HZ1, or 31HZ2. For 
composite intermediate bulk containers, the letter ``Z'' must be 
replaced with a capital letter which indicates the material of 
construction of the outer packaging. For example 21HA1 is a composite 
intermediate bulk container with a metal outer packaging (see 
Sec. 178.702 of this subchapter);
    (ii) Fiberboard: 11G;
    (iii) Flexible: 13H1, 13H2, 13H3, 13H4, 13H5, 13L1, 13L2, 13L3, 
13L4, or 13M2;
    (iv) Metal: 11A, 11B, 11N, 21A, 21B, 21N, 31A, 31B, or 31N;
    (v) Rigid plastic: 11H1, 11H2, 21H1, 21H2, 31H1, or 31H2; or
    (vi) Wooden intermediate bulk containers: 11C, 11D, or 11F.
    (2) The following conditions and limitations apply to the use of 
intermediate bulk containers:
    (i) Flexible, fiberboard and wooden intermediate bulk containers 
are intended for the transport of solids only and may not be used for 
liquids or materials that may become liquid during transportation; or
    (ii) Flexible, fiberboard, or wooden intermediate bulk containers 
containing materials in Packing Group II must be packed in a closed 
freight container or a closed transport vehicle.

    17. In Sec. 173.241, paragraph (d) is added to read as follows:


Sec. 173.241  Bulk packagings for certain low hazard liquid and solid 
materials.

* * * * *
    (d) Intermediate bulk containers. (1) Intermediate bulk containers 
are authorized subject to the conditions and limitations of this 
paragraph and paragraph (d)(2) of this section provided they conform to 
the requirements in subpart O of part 178 of this subchapter at the 
Packing Group performance level specified in column 5 of the 
Sec. 172.101 Table of this subchapter for the material being 
transported.
    (i) The following are authorized for liquids or solids:
    (A) Composite: 31HZ1 or 31HZ2; For each composite intermediate bulk 
container, the letter ``Z'' must be replaced with a capital letter 
which indicates the material of construction of the outer packaging. 
For example, 31HA1 is a composite intermediate bulk container with a 
metal outer packaging (see Sec. 178.702 of this subchapter);
    (B) Metal: 31A, 31B, or 31N; or
    (C) Rigid plastic: 31H1 or 31H2.
    (ii) The following are authorized for solids only:
    (A) Composite: 11HZ1, 11HZ2, 21HZ1, or 21HZ2. For each composite 
intermediate bulk container, the letter ``Z'' must be replaced with a 
capital letter which indicates the material of construction of the 
outer packaging. For example, 21HA1 is a composite intermediate bulk 
container with a metal outer packaging (see Sec. 178.702 of this 
subchapter);
    (B) Fiberboard: 11G;
    (C) Flexible: 13H1, 13H2, 13H3, 13H4, 13H5, 13L1, 13L2, 13L3, 13L4, 
or 13M2;
    (D) Metal: 11A, 11B, 11N, 21A, 21B, or 21N;
    (E) Rigid plastic: 11H1, 11H2, 21H1, or 21H2; or
    (F) Wooden: 11C, 11D, or 11F.
    (2) The following conditions and limitations apply to the use of 
intermediate bulk containers:
    (i) Flexible, fiberboard and wooden intermediate bulk containers 
are intended for the transport of solids only and may not be used for 
liquids or materials that may become liquid during transportation;
    (ii) Only liquids with a vapor pressure less than or equal to 110 
kPa (16 psig) at 50  deg.C (122  deg.F), or 130 kPa (18.9 psig) at 55 
deg.C (131  deg.F), are authorized in metal intermediate bulk 
containers; or
    (iii) Flexible, fiberboard, or wooden intermediate bulk containers 
containing materials in Packing Group II must be packed in a closed 
freight container or a closed transport vehicle.

    18. In Sec. 173.242, paragraph (d) is added to read as follows:


Sec. 173.242  Bulk packagings for certain medium hazard liquids and 
solids, including solids with dual hazards.

* * * * *
    (d) Intermediate bulk containers. (1) Intermediate bulk containers 
are authorized subject to the conditions and limitations of this 
paragraph and paragraph (d)(2) of this section provided they conform to 
the requirements in subpart O of part 178 of this subchapter at the 
Packing Group performance level specified in column 5 of the 
Sec. 172.101 Table of this subchapter for the material being 
transported.
    (i) The following are authorized for liquids or solids:
    (A) Composite intermediate bulk containers: 31HZ1 or 31HZ2; for 
each composite intermediate bulk container, the letter ``Z'' must be 
replaced with a capital letter which indicates the material of 
construction of the outer packaging. For example, 21HA1 is a composite 
intermediate bulk container with a metal outer packaging (see 
Sec. 178.702 of this subchapter);
    (B) Metal: 31A, 31B, or 31N; or
    (C) Rigid plastic: 31H1 or 31H2;
    (ii) The following are authorized for solids only:
    (A) Composite: 11HZ1, 11HZ2, 21HZ1, or 21HZ2. For each composite 
intermediate bulk container, the letter ``Z'' must be replaced with a 
capital letter which indicates the material of construction of the 
outer packaging. For example, 21HA1 is a composite intermediate bulk 
container with a metal outer packaging (see Sec. 178.702 of this 
subchapter);
    (B) Fiberboard: 11G;
    (C) Flexible: 13H1, 13H2, 13H3, 13H4, 13H5, 13L1, 13L2, 13L3, 13L4, 
or 13M2;
    (D) Metal: 11A, 11B, 11N, 21A, 21B, or 21N;
    (E) Rigid plastic: 11H1, 11H2, 21H1, or 21H2; or
    (F) Wooden intermediate bulk containers: 11C, 11D, or 11F.
    (2)Intermediate bulk containers are authorized subject to the 
following conditions and limitations:
    (i) No Packing Group I liquids or materials classified as Division 
4.2 Packing Group I are authorized in intermediate bulk containers. 
Packing Group I solids are only authorized in metal intermediate bulk 
containers with capacities up to 3 cubic meters (35.4 cubic feet) and 
in rigid plastic, composite and wooden intermediate bulk containers 
with capacities of up to 1.5 cubic meters (17.7 cubic feet);
    (ii) Flexible, fiberboard and wooden intermediate bulk containers 
are intended for the transport of solids only and may not be used for 
liquids or materials that may become liquid during transportation;
    (iii) Only liquids with a vapor pressure less than or equal to 110 
kPa (16 psig) at 50  deg.C (122  deg.F), or 130 kPa (18.9 psig) at 55 
deg.C (131  deg.F), are authorized in metal intermediate bulk 
containers; or
    (iv) Flexible, fiberboard, or wooden intermediate bulk containers 
and composite intermediate bulk containers, with a fiberboard outer 
body, containing materials in Packing Group I must be packed in a 
closed freight container or a closed transport vehicle. Flexible, 
fiberboard, or wooden intermediate bulk containers containing materials 
in Packing Group II must be packed in a closed freight container or a 
closed transport vehicle.

    19. In Sec. 173.243, the section heading is revised and paragraphs 
(d) and (e) are added to read as follows:


Sec. 173.243  Bulk packaging for certain high hazard liquids and dual 
hazard materials which pose a moderate hazard.

* * * * *
    (d) Intermediate bulk containers. (1) Metal intermediate bulk 
containers (31A, 31B, 31N) are authorized subject to the conditions and 
limitations of paragraph (d)(2) of this section provided they conform 
to the requirements in subpart O of part 178 of this subchapter at the 
Packing Group performance level specified in column 5 of the 
Sec. 172.101 Table of this subchapter for the material being 
transported.
    (2) Intermediate bulk containers are authorized subject to the 
following conditions and limitations:
    (i) No Packing Group I liquids or materials classified as Division 
4.2 Packing Group I are authorized in intermediate bulk containers. 
Packing Group I solids are only authorized in metal intermediate bulk 
containers with capacities up to 3 cubic meters (35.4 cubic feet); and 
in rigid plastic, composite and wooden intermediate bulk containers 
with capacities of up to 1.5 cubic meters (17.7 cubic feet);
    (ii) Only liquids with a vapor pressure less than or equal to 110 
kPa (16 psig) at 50  deg.C (122  deg.F), or 130 kPa (18.9 psig) at 55 
deg.C (131  deg.F), are authorized in metal intermediate bulk 
containers; or
    (iii) Flexible, fiberboard, or wooden intermediate bulk containers 
and composite intermediate bulk containers, with a fiberboard outer 
body, containing materials in Packing Group I must be packed in a 
closed freight container or a closed transport vehicle. Flexible, 
fiberboard, or wooden intermediate bulk containers containing materials 
in Packing Group II must be packed in a closed freight container or a 
closed transport vehicle.
    (e) A dual hazard material may be packaged in accordance with 
Sec. 173.242 if:
    (1) The subsidiary hazard is Class 3 with a flash point greater 
than 38  deg.C (100 deg.F); or
    (2) The subsidiary hazard is Division 6.1, Packing Group III.

PART 178--SPECIFICATIONS FOR PACKAGINGS

    20. The authority citation for part 178 continues to read as 
follows:

    Authority: 49 U.S.C. App. 1803, 1804, 1805, 1806, 1808; 49 CFR 
part 1.

Subpart H--[Amended]

    21. In subpart H, Secs. 178.251, 178.251-1 through 178.251-7, 
178.252, 178.252-1 through 178.252-3, 178.253, and 178.253-1 through 
178.253-5 are removed and reserved.
    22. Subpart N is added to part 178 to read as follows:

Subpart N--Intermediate Bulk Container Performance-Oriented Standards

Sec.
178.700  Purpose, scope and definitions.
178.702  Intermediate bulk container identification codes.
178.703  Marking of intermediate bulk containers.
178.704  General intermediate bulk container standards.
178.705  Standards for metal intermediate bulk containers.
178.706  Standards for rigid plastic intermediate bulk containers.
178.707  Standards for composite intermediate bulk containers.
178.708  Standards for fiberboard intermediate bulk containers.
178.709  Standards for wooden intermediate bulk containers.
178.710  Standards for flexible intermediate bulk containers.

Subpart N--Intermediate Bulk Container Performance-Oriented 
Standards


Sec. 178.700  Purpose, scope and definitions.

    (a) This subpart prescribes requirements applying to intermediate 
bulk containers intended for the transportation of hazardous materials. 
Standards for these packagings are based on the UN Recommendations.
    (b) Terms used in this subpart are defined in Sec. 171.8 of this 
subchapter and in paragraph (c) of this section.
    (c) The following definitions pertain to the intermediate bulk 
container standards in this subpart.
    (1) Body means the receptacle proper (including openings and their 
closures, but not including service equipment), which has a volumetric 
capacity of not more than 3 cubic meters (3,000 liters, 793 gallons or 
35.3 cubic feet) and not less than 0.45 cubic meters (450 liters, 119 
gallons or 5.3 cubic feet).
    (2) Service equipment means filling and discharge, pressure relief, 
safety, heating and heat-insulating devices and measuring instruments.
    (3) Structural equipment means the reinforcing, fastening, 
handling, protective or stabilizing members of the body or stacking 
load bearing structural members (such as metal cages).
    (4) Maximum permissible gross mass means the mass of the body, its 
service equipment, structural equipment and the maximum net mass (see 
Sec. 171.8 of this subchapter).


Sec. 178.702  Intermediate bulk container identification codes.

    (a) Intermediate bulk container code designations consist of: two 
numerals specified in paragraph (a)(1) of this section; followed by the 
capital letter(s) specified in paragraph (a)(2) of this section; 
followed, when specified in an individual section, by a numeral 
indicating the category of intermediate bulk container.
    (1) Intermediate bulk container code number designations are as 
follows: 

------------------------------------------------------------------------
                                    For solids, discharged              
                                  --------------------------            
                                                   Under                
               Type                             pressure of  For liquids
                                    by gravity   more than              
                                                   10 kPa               
                                                (1.45 psi)              
------------------------------------------------------------------------
Rigid............................           11           21           31
Flexible.........................           13                          
------------------------------------------------------------------------


    (2) Intermediate bulk container code letter designations are as 
follows:

    ``A'' means steel (all types and surface treatments).
    ``B'' means aluminum.
    ``C'' means natural wood.
    ``D'' means plywood.
    ``F'' means reconstituted wood.
    ``G'' means fiberboard.
    ``H'' means plastic.
    ``L'' means textile.
    ``M'' means paper, multiwall.
    ``N'' means metal (other than steel or aluminum).

    (b) For composite intermediate bulk containers, two capital letters 
are used in sequence following the numeral indicating intermediate bulk 
container design type. The first letter indicates the material of the 
intermediate bulk container inner receptacle. The second letter 
indicates the material of the outer intermediate bulk container. For 
example, 31HA1 is a composite intermediate bulk container with a 
plastic inner receptacle and a steel outer packaging.


Sec. 178.703  Marking of intermediate bulk containers.

    (a) The manufacturer shall:
    (1) Mark every intermediate bulk container in a durable and clearly 
visible manner (applied in a single line or in multiple lines provided 
the correct sequence is followed) with the following information in the 
sequence presented:
    (i) The United Nations symbol as illustrated in Sec. 178.503(d)(1). 
For metal intermediate bulk containers on which the marking is stamped 
or embossed, the capital letters `UN' may be applied instead of the 
symbol.
    (ii) The code number designating intermediate bulk container design 
type according to Sec. 178.702(a) (1) and (2).
    (iii) A capital letter identifying the performance standard under 
which the design type has been successfully tested, as follows:
    (A) X--for intermediate bulk containers meeting Packing Group I, II 
and III tests;
    (B) Y--for intermediate bulk containers meeting Packing Group II 
and III tests; and
    (C) Z--for intermediate bulk containers meeting only Packing Group 
III tests.
    (iv) The month (designated numerically) and year (last two digits) 
of manufacture.
    (v) The country authorizing the allocation of the mark. The letters 
`USA' indicate that the intermediate bulk container is manufactured and 
marked in the United States in compliance with the provisions of this 
subchapter.
    (vi) The name and address or symbol of the manufacturer or the 
approval agency certifying compliance with subparts N and O of this 
part. Symbols, if used, must be registered with the Associate 
Administrator for Hazardous Materials Safety.
    (vii) The stacking test load in kilograms (kg). For intermediate 
bulk containers not designed for stacking, the figure ``0'' must be 
shown.
    (viii) The maximum permissible gross mass or, for flexible 
intermediate bulk containers, the maximum net mass, in kg.
    (2) The following are examples of symbols and required markings:
    (i) For a metal intermediate bulk container containing solids 
discharged by gravity made from steel:

BILLING CODE 4910-60-P

TR26JY94.000


BILLING CODE 4910-60-C

    (ii) For a flexible intermediate bulk container containing solids 
discharged by gravity and made from woven plastic with a liner:
BILLING CODE 4910-60-P

TR26JY94.001


BILLING CODE 4910-60-C

    (iii) For a rigid plastic intermediate bulk container containing 
liquids, made from plastic with structural equipment withstanding the 
stack load and with a manufacturer's symbol in place of the 
manufacturer's name and address:
BILLING CODE 4910-60-P

TR26JY94.002


BILLING CODE 4910-60-C

    (iv) For a composite intermediate bulk container containing 
liquids, with a rigid plastic inner receptacle and an outer steel body 
and with the symbol of a DOT approved third-party test laboratory:
BILLING CODE 4910-60-P

TR26JY94.003


BILLING CODE 4910-60-C
    (b) Additional marking. In addition to markings required in 
paragraph (a) of this section, each intermediate bulk container must be 
marked as follows in a place near the markings required in paragraph 
(a) of this section that is readily accessible for inspection. Where 
units of measure are used, the metric unit indicated (e.g., 450 liters) 
must also appear.
    (1) For each rigid plastic and composite intermediate bulk 
container, the following markings must be included:
    (i) Rated capacity in liters of water at 20  deg.C (68  deg.F);
    (ii) Tare mass in kilograms;
    (iii) Gauge test pressure in kPa;
    (iv) Date of last leakproofness test, if applicable (month and 
year); and
    (v) Date of last inspection (month and year).
    (2) For each metal intermediate bulk container, the following 
markings must be included on a metal corrosion-resistant plate:
    (i) Rated capacity in liters of water at 20  deg.C (68  deg.F);
    (ii) Tare mass in kilograms;
    (iii) Date of last leakproofness test, if applicable (month and 
year);
    (iv) Date of last inspection (month and year);
    (v) Maximum loading/discharge pressure, in kPa, if applicable;
    (vi) Body material and its minimum thickness in mm; and
    (vii) Serial number assigned by the manufacturer.
    (3) Markings required by paragraph (b)(1) or (b)(2) of this section 
may be preceded by the narrative description of the marking, e.g. 
``Tare Mass: * * *'' where the ``* * *'' are replaced with the tare 
mass in kilograms of the intermediate bulk container.
    (4) For each fiberboard and wooden intermediate bulk container, the 
tare mass in kg must be shown.
    (5) Each flexible intermediate bulk container may be marked with a 
pictogram displaying recommended lifting methods.


Sec. 178.704  General intermediate bulk container standards.

    (a) Each intermediate bulk container must be resistant to, or 
protected from, deterioration due to exposure to the external 
environment. Intermediate bulk containers intended for solid hazardous 
materials must be sift-proof and water-resistant.
    (b) All service equipment must be so positioned or protected as to 
minimize potential loss of contents resulting from damage during 
intermediate bulk container handling and transportation.
    (c) Each intermediate bulk container, including attachments, and 
service and structural equipment, must be designed to withstand, 
without loss of hazardous materials, the internal pressure of the 
contents and the stresses of normal handling and transport. An 
intermediate bulk container intended for stacking must be designed for 
stacking. Any lifting or securing features of an intermediate bulk 
container must be of sufficient strength to withstand the normal 
conditions of handling and transportation without gross distortion or 
failure and must be positioned so as to cause no undue stress in any 
part of the intermediate bulk container.
    (d) An intermediate bulk container consisting of a packaging within 
a framework must be so constructed that:
    (1) The body is not damaged by the framework;
    (2) The body is retained within the framework at all times; and
    (3) The service and structural equipment are fixed in such a way 
that they cannot be damaged if the connections between body and frame 
allow relative expansion or movement.
    (e) Bottom discharge valves must be secured in the closed position 
and the discharge system suitably protected from damage. Valves having 
lever closures must be secured against accidental opening. The open or 
closed position of each valve must be readily apparent. For each 
intermediate bulk container containing a liquid, a secondary means of 
sealing the discharge aperture must also be provided, e.g., by a blank 
flange or equivalent device.
    (f) Intermediate bulk container design types must be constructed in 
such a way as to be bottom-lifted or top-lifted as specified in 
Secs. 178.811 and 178.812.


Sec. 178.705  Standards for metal intermediate bulk containers.

    (a) The provisions in this section apply to metal intermediate bulk 
containers intended to contain liquids and solids. Metal intermediate 
bulk container types are designated:
    (1) 11A, 11B, 11N for solids that are loaded or discharged by 
gravity.
    (2) 21A, 21B, 21N for solids that are loaded or discharged at a 
gauge pressure greater than 10 kPa (1.45 psig).
    (3) 31A, 31B, 31N for liquids or solids.
    (b) Definitions for metal intermediate bulk containers:
    (1) Metal intermediate bulk container means an intermediate bulk 
container with a metal body, together with appropriate service and 
structural equipment.
    (2) Protected means providing the intermediate bulk container body 
with additional external protection against impact and abrasion. For 
example, a multi-layer (sandwich) or double wall construction or a 
frame with a metal lattice-work casing.
    (c) Construction requirements for metal intermediate bulk 
containers are as follows:
    (1) Body. The body must be made of ductile metal materials. Welds 
must be made so as to maintain design type integrity of the receptacle 
under conditions normally incident to transportation.
    (i) The use of dissimilar metals must not result in deterioration 
that could affect the integrity of the body.
    (ii) Aluminum intermediate bulk containers intended to contain 
flammable liquids must have no movable parts, such as covers and 
closures, made of unprotected steel liable to rust, which might cause a 
dangerous reaction from friction or percussive contact with the 
aluminum.
    (iii) Metals used in fabricating the body of a metal intermediate 
bulk container must meet the following requirements:
    (A) For steel, the percentage elongation at fracture must not be 
less than 10,000/Rm with a minimum of 20 percent; where Rm = minimum 
tensile strength of the steel to be used, in N/mm\2\; if U.S. Standard 
units of pounds per square inch are used for tensile strength then the 
ratio becomes 10,000  x  (145/Rm).
    (B) For aluminum, the percentage elongation at fracture must not be 
less than 10,000/(6Rm) with an absolute minimum of eight percent; if 
U.S. Standard units of pounds per square inch are used for tensile 
strength then the ratio becomes 10,000 x 145/(6Rm).
    (C) Specimens used to determine the elongation at fracture must be 
taken transversely to the direction of rolling and be so secured that:

Lo = 5d
    or
Lo = 5.65 A

    where: Lo = gauge length of the specimen before the test

d = diameter
A = cross-sectional area of test specimen.

    (iv) Minimum wall thickness:
    (A) For a reference steel having a product of Rm  x  Ao = 10,000, 
where Ao = minimum elongation (as a percentage) of the reference steel 
to be used on fracture under tensile stress, (Rm  x  Ao = 10,000  x  
145; if tensile strength is in U.S. Standard units of pounds per square 
inch) the wall thickness must not be less than:

----------------------------------------------------------------------------------------------------------------
                                                                   Wall thickness in mm (inches)                
                                                 ---------------------------------------------------------------
                                                        Types 11A, 11B, 11N       Types 21A, 21B, 21N, 31A, 31B,
              Capacity in liters\1\              --------------------------------               31N             
                                                                                 -------------------------------
                                                   Unprotected       Protected     Unprotected       Protected  
----------------------------------------------------------------------------------------------------------------
>450 and 1000........................             2.0                                                
                                                         (0.079)             1.5                                
                                                                         (0.059)             2.5                
                                                                                         (0.098)             2.0
                                                                                                         (0.079)
>1000 and 2000.......................             2.5                                                
                                                         (0.098)             2.0                                
                                                                         (0.079)             3.0                
                                                                                         (0.118)             2.5
                                                                                                         (0.098)
>2000 and 3000.......................             3.0                                                
                                                         (0.118)             2.5                                
                                                                         (0.098)             4.0                
                                                                                         (0.157)             3.0
                                                                                                         (0.118)
----------------------------------------------------------------------------------------------------------------
\1\Where: gallons = liters  x  0.264.                                                                           

    (B) For metals other than the reference steel described in 
paragraph (c)(1)(iii)(A) of this section, the minimum wall thickness is 
the greater of 1.5 mm (0.059 inches) or as determined by use of the 
following equivalence formula:

TR26JY94.004


TR26JY94.005

where:

e1 =required equivalent wall thickness of the metal to be used (in 
mm or if eo is in inches, use formula for U.S. Standard units).
eo = required minimum wall thickness for the reference steel (in 
mm or if eo is in inches, use formula for U.S. Standard units).
Rm1 = guaranteed minimum tensile strength of the metal to be used 
(in N/mm\2\ or for U.S. Standard units, use pounds per square inch).
A1 = minimum elongation (as a percentage) of the metal to be used 
on fracture under tensile stress (see paragraph (c)(1) of this 
section).

    (2) Pressure relief. The following pressure relief requirements 
apply to intermediate bulk containers intended for liquids:
    (i) Intermediate bulk containers must be capable of releasing a 
sufficient amount of vapor in the event of fire engulfment to ensure 
that no rupture of the body will occur due to pressure build-up. This 
can be achieved by spring-loaded or frangible pressure relief devices 
or by other means of construction.
    (ii) The start-to-discharge pressure may not be higher than 65 kPa 
(9 psig) and no lower than the vapor pressure of the hazardous material 
plus the partial pressure of the air or other inert gases, minus 100 
kPa (14.5 psig) at 55  deg.C (131  deg.F), determined on the basis of a 
maximum degree of filling as specified in Sec. 173.35(d) of this 
subchapter. Pressure relief devices must be fitted in the vapor space.


Sec. 178.706  Standards for rigid plastic intermediate bulk containers.

    (a) The provisions in this section apply to rigid plastic 
intermediate bulk containers intended to contain solids or liquids. 
Rigid plastic intermediate bulk container types are designated:
    (1) 11H1 fitted with structural equipment designed to withstand the 
whole load when intermediate bulk containers are stacked, for solids 
which are loaded or discharged by gravity.
    (2) 11H2 freestanding, for solids which are loaded or discharged by 
gravity.
    (3) 21H1 fitted with structural equipment designed to withstand the 
whole load when intermediate bulk containers are stacked, for solids 
which are loaded or discharged under pressure.
    (4) 21H2 freestanding, for solids which are loaded or discharged 
under pressure.
    (5) 31H1 fitted with structural equipment designed to withstand the 
whole load when intermediate bulk containers are stacked, for liquids.
    (6) 31H2 freestanding, for liquids.
    (b) Rigid plastic intermediate bulk containers consist of a rigid 
plastic body, which may have structural equipment, together with 
appropriate service equipment.
    (c) Rigid plastic intermediate bulk containers must be manufactured 
from plastic material of known specifications and be of a strength 
relative to its capacity and to the service it is required to perform. 
In addition to conformance to Sec. 173.24 of this subchapter, plastic 
materials must be resistant to aging and to degradation caused by 
ultraviolet radiation.
    (1) If protection against ultraviolet radiation is necessary, it 
must be provided by the addition of a pigment or inhibiter such as 
carbon black. These additives must be compatible with the contents and 
remain effective throughout the life of the intermediate bulk container 
body. Where use is made of carbon black, pigments or inhibitors, other 
than those used in the manufacture of the tested design type, retesting 
may be omitted if changes in the carbon black content, the pigment 
content or the inhibitor content do not adversely affect the physical 
properties of the material of construction.
    (2) Additives may be included in the composition of the plastic 
material to improve the resistance to aging or to serve other purposes, 
provided they do not adversely affect the physical or chemical 
properties of the material of construction.
    (3) No used material other than production residues or regrind from 
the same manufacturing process may be used in the manufacture of rigid 
plastic intermediate bulk containers.
    (4) Rigid plastic intermediate bulk containers intended for the 
transportation of liquids must be capable of releasing a sufficient 
amount of vapor to prevent the body of the intermediate bulk container 
from rupturing if it is subjected to an internal pressure in excess of 
that for which it was hydraulically tested. This may be achieved by 
spring-loaded or frangible pressure relief devices or by other means of 
construction.


Sec. 178.707  Standards for composite intermediate bulk containers.

    (a) The provisions in this section apply to:
    (1) Composite intermediate bulk containers intended to contain 
solids and liquids. Composite intermediate bulk container types are 
designated:
    (i) 11HZ1 Composite intermediate bulk containers with a rigid 
plastic inner receptacle for solids loaded or discharged by gravity.
    (ii) 11HZ2 Composite intermediate bulk containers with a flexible 
plastic inner receptacle for solids loaded or discharged by gravity.
    (iii) 21HZ1 Composite intermediate bulk containers with a rigid 
plastic inner receptacle for solids loaded or discharged under 
pressure.
    (iv) 21HZ2 Composite intermediate bulk containers with a flexible 
plastic inner receptacle for solids loaded or discharged under 
pressure.
    (v) 31HZ1 Composite intermediate bulk containers with a rigid 
plastic inner receptacle for liquids.
    (vi) 31HZ2 Composite intermediate bulk containers with a flexible 
plastic inner receptacle for liquids.
    (2) The marking code in paragraph (a)(1) of this section must be 
completed by replacing the letter Z by a capital letter in accordance 
with Sec. 178.702(a)(2) to indicate the material used for the outer 
packaging.
    (b) Definitions for composite intermediate bulk container types:
    (1) A composite intermediate bulk container is an intermediate bulk 
container which consists of a rigid outer packaging enclosing a plastic 
inner receptacle together with any service or other structural 
equipment. The outer packaging of a composite intermediate bulk 
container is designed to bear the entire stacking load. The inner 
receptacle and outer packaging form an integral packaging and are 
filled, stored, transported, and emptied as a unit.
    (2) The term plastic means polymeric materials (i.e., plastic or 
rubber).
    (3) A ``rigid'' inner receptacle is an inner receptacle which 
retains its general shape when empty without closures in place and 
without benefit of the outer casing. Any inner receptacle that is not 
``rigid'' is considered to be ``flexible.''
    (c) Construction requirements for composite intermediate bulk 
containers with plastic inner receptacles are as follows:
    (1) The outer packaging must consist of rigid material formed so as 
to protect the inner receptacle from physical damage during handling 
and transportation, but is not required to perform the secondary 
containment function. It includes the base pallet where appropriate. 
The inner receptacle is not intended to perform a containment function 
without the outer packaging.
    (2) A composite intermediate bulk container with a fully enclosing 
outer packaging must be designed to permit assessment of the integrity 
of the inner container following the leakproofness and hydraulic tests.
    (3) The inner receptacle must be manufactured from plastic material 
of known specifications and be of a strength relative to its capacity 
and to the service it is required to perform. In addition to 
conformance with the requirements of Sec. 173.24 of this subchapter, 
the material must be resistant to aging and to degradation caused by 
ultraviolet radiation.
    (i) If necessary, protection against ultraviolet radiation must be 
provided by the addition of pigments or inhibitors such as carbon 
black. These additives must be compatible with the contents and remain 
effective throughout the life of the inner receptacle. Where use is 
made of carbon black, pigments, or inhibitors, other than those used in 
the manufacture of the tested design type, retesting may be omitted if 
the carbon black content, the pigment content, or the inhibitor content 
do not adversely affect the physical properties of the material of 
construction.
    (ii) Additives may be included in the composition of the plastic 
material of the inner receptacle to improve resistance to aging, 
provided they do not adversely affect the physical or chemical 
properties of the material.
    (iii) No used material other than production residues or regrind 
from the same manufacturing process may be used in the manufacture of 
inner receptacles.
    (iv) Composite intermediate bulk containers intended for the 
transportation of liquids must be capable of releasing a sufficient 
amount of vapor to prevent the body of the intermediate bulk container 
from rupturing if it is subjected to an internal pressure in excess of 
that for which it was hydraulically tested. This may be achieved by 
spring-loaded or frangible pressure relief devices or by other means of 
construction.
    (4) The strength of the construction material comprising the outer 
packaging and the manner of construction must be appropriate to the 
capacity of the composite intermediate bulk container and its intended 
use. The outer packaging must be free of any projection that might 
damage the inner receptacle.
    (i) Outer packagings of natural wood must be constructed of well 
seasoned wood that is commercially dry and free from defects that would 
materially lessen the strength of any part of the outer packaging. The 
tops and bottoms may be made of water-resistant reconstituted wood such 
as hardboard or particle board. Materials other than natural wood may 
be used for construction of structural equipment of the outer 
packaging.
    (ii) Outer packagings of plywood must be made of well-seasoned, 
rotary cut, sliced, or sawn veneer, commercially dry and free from 
defects that would materially lessen the strength of the casing. All 
adjacent plies must be glued with water-resistant adhesive. Materials 
other than plywood may be used for construction of structural equipment 
of the outer packaging. Outer packagings must be firmly nailed or 
secured to corner posts or ends or be assembled by equally suitable 
devices.
    (iii) Outer packagings of reconstituted wood must be constructed of 
water-resistant reconstituted wood such as hardboard or particle board. 
Materials other than reconstituted wood may be used for the 
construction of structural equipment of reconstituted wood outer 
packaging.
    (iv) Fiberboard outer packagings must be constructed of strong, 
solid, or double-faced corrugated fiberboard (single or multiwall).
    (A) Water resistance of the outer surface must be such that the 
increase in mass, as determined in a test carried out over a period of 
30 minutes by the Cobb method of determining water absorption, is not 
greater than 155 grams per square meter (0.0316 pounds per square 
foot--see ISO International Standard 535-1976 (E)). Fiberboard must 
have proper bending qualities. Fiberboard must be cut, creased without 
cutting through any thickness of fiberboard, and slotted so as to 
permit assembly without cracking, surface breaks, or undue bending. The 
fluting of corrugated fiberboard must be firmly glued to the facings.
    (B) The ends of fiberboard outer packagings may have a wooden frame 
or be constructed entirely of wood. Wooden battens may be used for 
reinforcements.
    (C) Manufacturers' joints in the bodies of outer packagings must be 
taped, lapped and glued, or lapped and stitched with metal staples.
    (D) Lapped joints must have an appropriate overlap.
    (E) Where closing is effected by gluing or taping, a water-
resistant adhesive must be used.
    (F) All closures must be sift-proof.
    (v) Outer packagings of plastic materials must be constructed in 
accordance with the relevant provisions of paragraph (c)(3) of this 
section.
    (5) Any integral pallet base forming part of an intermediate bulk 
container, or any detachable pallet, must be suitable for the 
mechanical handling of an intermediate bulk container filled to its 
maximum permissible gross mass.
    (i) The pallet or integral base must be designed to avoid 
protrusions that may cause damage to the intermediate bulk container in 
handling.
    (ii) The outer packaging must be secured to any detachable pallet 
to ensure stability in handling and transportation. Where a detachable 
pallet is used, its top surface must be free from sharp protrusions 
that might damage the intermediate bulk container.
    (iii) Strengthening devices, such as timber supports to increase 
stacking performance, may be used but must be external to the inner 
receptacle.
    (iv) The load-bearing surfaces of intermediate bulk containers 
intended for stacking must be designed to distribute loads in a stable 
manner. An intermediate bulk container intended for stacking must be 
designed so that loads are not supported by the inner receptacle.


Sec. 178.708  Standards for fiberboard intermediate bulk containers.

    (a) The provisions of this section apply to fiberboard intermediate 
bulk containers intended to contain solids that are loaded or 
discharged by gravity. Fiberboard intermediate bulk containers are 
designated: 11G.
    (b) Definitions for fiberboard intermediate bulk container types:
    (1) Fiberboard intermediate bulk containers consist of a fiberboard 
body with or without separate top and bottom caps, appropriate service 
and structural equipment, and if necessary an inner liner (but no inner 
packaging).
    (2) Liner means a separate tube or bag, including the closures of 
its openings, inserted in the body but not forming an integral part of 
it.
    (c) Construction requirements for fiberboard intermediate bulk 
containers are as follows:
    (1) Top lifting devices are prohibited in fiberboard intermediate 
bulk containers.
    (2) Fiberboard intermediate bulk containers must be constructed of 
strong, solid or double-faced corrugated fiberboard (single or 
multiwall) that is appropriate to the capacity of the outer packaging 
and its intended use. Water resistance of the outer surface must be 
such that the increase in mass, as determined in a test carried out 
over a period of 30 minutes by the Cobb method of determining water 
absorption, is not greater than 155 grams per square meter (0.0316 
pounds per square footsee ISO 535-1976(E)). Fiberboard must have proper 
bending qualities. Fiberboard must be cut, creased without cutting 
through any thickness of fiberboard, and slotted so as to permit 
assembly without cracking, surface breaks, or undue bending. The 
fluting of corrugated fiberboard must be firmly glued to the facings.
    (i) The walls, including top and bottom, must have a minimum 
puncture resistance of 15 Joules (11 foot-pounds of energy) measured 
according to ISO 3036, incorporated by reference in Sec. 171.7 of this 
subchapter.
    (ii) Manufacturers' joints in the bodies of intermediate bulk 
containers must be made with an appropriate overlap and be taped, 
glued, stitched with metal staples or fastened by other means at least 
equally effective. Where joints are made by gluing or taping, a water-
resistant adhesive must be used. Metal staples must pass completely 
through all pieces to be fastened and be formed or protected so that 
any inner liner cannot be abraded or punctured by them.
    (3) The strength of the material used and the construction of the 
liner must be appropriate to the capacity of the intermediate bulk 
container and the intended use. Joints and closures must be sift-proof 
and capable of withstanding pressures and impacts liable to occur under 
normal conditions of handling and transport.
    (4) Any integral pallet base forming part of an intermediate bulk 
container, or any detachable pallet, must be suitable for the 
mechanical handling of an intermediate bulk container filled to its 
maximum permissible gross mass.
    (i) The pallet or integral base must be designed to avoid 
protrusions that may cause damage to the intermediate bulk container in 
handling.
    (ii) The outer packaging must be secured to any detachable pallet 
to ensure stability in handling and transport. Where a detachable 
pallet is used, its top surface must be free from sharp protrusions 
that might damage the intermediate bulk container.
    (iii) Strengthening devices, such as timber supports to increase 
stacking performance, may be used but must be external to the inner 
liner.
    (iv) The load-bearing surfaces of intermediate bulk containers 
intended for stacking must be designed to distribute loads in a stable 
manner.


Sec. 178.709  Standards for wooden intermediate bulk containers.

    (a) The provisions in this section apply to wooden intermediate 
bulk containers intended to contain solids that are loaded or 
discharged by gravity. Wooden intermediate bulk container types are 
designated:
    (1) 11C Natural wood with inner liner.
    (2) 11D Plywood with inner liner.
    (3) 11F Reconstituted wood with inner liner.
    (b) Definitions for wooden intermediate bulk containers:
    (1) Wooden intermediate bulk containers consist of a rigid or 
collapsible wooden body together with an inner liner (but no inner 
packaging) and appropriate service and structural equipment.
    (2) Liner means a separate tube or bag, including the closures of 
its openings, inserted in the body but not forming an integral part of 
it.
    (c) Construction requirements for wooden intermediate bulk 
containers are as follows:
    (1) Top lifting devices are prohibited in wooden intermediate bulk 
containers.
    (2) The strength of the materials used and the method of 
construction must be appropriate to the capacity and intended use of 
the intermediate bulk container.
    (i) Natural wood used in the construction of an intermediate bulk 
container must be well-seasoned, commercially dry, and free from 
defects that would materially lessen the strength of any part of the 
intermediate bulk container. Each intermediate bulk container part must 
consist of uncut wood or a piece equivalent in strength and integrity. 
Intermediate bulk container parts are equivalent to one piece when a 
suitable method of glued assembly is used (i.e., a Lindermann joint, 
tongue and groove joint, ship lap or rabbet joint, or butt joint with 
at least two corrugated metal fasteners at each joint, or when other 
methods at least equally effective are used). Materials other than 
natural wood may be used for the construction of structural equipment 
of the outer packaging.
    (ii) Plywood used in construction of bodies must be at least 3-ply. 
Plywood must be made of well-seasoned, rotary-cut, sliced or sawn 
veneer, commercially dry, and free from defects that would materially 
lessen the strength of the body. All adjacent plies must be glued with 
water-resistant adhesive. Materials other than plywood may be used for 
the construction of structural equipment of the outer packaging.
    (iii) Reconstituted wood used in construction of bodies must be 
water resistant reconstituted wood such as hardboard or particle board. 
Materials other than reconstituted wood may be used for the 
construction of structural equipment of the outer packaging.
    (iv) Wooden intermediate bulk containers must be firmly nailed or 
secured to corner posts or ends or be assembled by similar devices.
    (3) The strength of the material used and the construction of the 
liner must be appropriate to the capacity of the intermediate bulk 
container and its intended use. Joints and closures must be sift-proof 
and capable of withstanding pressures and impacts liable to occur under 
normal conditions of handling and transportation.
    (4) Any integral pallet base forming part of an intermediate bulk 
container, or any detachable pallet, must be suitable for the 
mechanical handling of an intermediate bulk container filled to its 
maximum permissible gross mass.
    (i) The pallet or integral base must be designed to avoid 
protrusions that may cause damage to the intermediate bulk container in 
handling.
    (ii) The outer packaging must be secured to any detachable pallet 
to ensure stability in handling and transportation. Where a detachable 
pallet is used, its top surface must be free from sharp protrusions 
that might damage the intermediate bulk container.
    (iii) Strengthening devices, such as timber supports to increase 
stacking performance, may be used but must be external to the inner 
liner.
    (iv) The load-bearing surfaces of intermediate bulk containers 
intended for stacking must be designed to distribute loads in a stable 
manner.


Sec. 178.710  Standards for flexible intermediate bulk containers.

    (a) The provisions of this section apply to flexible intermediate 
bulk containers intended to contain solid hazardous materials. Flexible 
intermediate bulk container types are designated:
    (1) 13H1 woven plastic without coating or liner.
    (2) 13H2 woven plastic, coated.
    (3) 13H3 woven plastic with liner.
    (4) 13H4 woven plastic, coated and with liner.
    (5) 13H5 plastic film.
    (6) 13L1 textile without coating or liner.
    (7) 13L2 textile, coated.
    (8) 13L3 textile with liner.
    (9) 13L4 textile, coated and with liner.
    (10) 13M1 paper, multiwall.
    (11) 13M2 paper, multiwall, water resistant.
    (b) Definitions for flexible intermediate bulk containers:
    (1) Flexible intermediate bulk containers consist of a body 
constructed of film, woven plastic, woven fabric, paper, or combination 
thereof, together with any appropriate service equipment and handling 
devices, and if necessary, an inner coating or liner.
    (2) Woven plastic means a material made from stretched tapes or 
monofilaments.
    (3) Handling device means any sling, loop, eye, or frame attached 
to the body of the intermediate bulk container or formed from a 
continuation of the intermediate bulk container body material.
    (c) Construction requirements for flexible intermediate bulk 
containers are as follows:
    (1) The strength of the material and the construction of the 
flexible intermediate bulk container must be appropriate to its 
capacity and its intended use.
    (2) All materials used in the construction of flexible intermediate 
bulk containers of types 13M1 and 13M2 must, after complete immersion 
in water for not less than 24 hours, retain at least 85 percent of the 
tensile strength as measured originally on the material conditioned to 
equilibrium at 67 percent relative humidity or less.
    (3) Seams must be stitched or formed by heat sealing, gluing or any 
equivalent method. All stitched seam-ends must be secured.
    (4) In addition to conformance with the requirements of Sec. 173.24 
of this subchapter, flexible intermediate bulk containers must be 
resistant to aging and degradation caused by ultraviolet radiation.
    (5) For plastic flexible intermediate bulk containers, if 
necessary, protection against ultraviolet radiation must be provided by 
the addition of pigments or inhibitors such as carbon black. These 
additives must be compatible with the contents and remain effective 
throughout the life of the inner receptacle. Where use is made of 
carbon black, pigments, or inhibitors, other than those used in the 
manufacture of the tested design type, retesting may be omitted if the 
carbon black content, the pigment content or the inhibitor content does 
not adversely affect the physical properties of the material of 
construction. Additives may be included in the composition of the 
plastic material to improve resistance to aging, provided they do not 
adversely affect the physical or chemical properties of the material.
    (6) No used material other than production residues or regrind from 
the same manufacturing process may be used in the manufacture of 
plastic flexible intermediate bulk containers. This does not preclude 
the re-use of component parts such as fittings and pallet bases, 
provided such components have not in any way been damaged in previous 
use.
    (7) When flexible intermediate bulk containers are filled, the 
ratio of height to width may not be more than 2:1.

    23. Subpart O is added to part 178 to read as follows:

Subpart O--Testing of Intermediate Bulk Containers

Sec.
178.800  Purpose and scope.
178.801  General requirements.
178.802  Preparation of fiberboard intermediate bulk containers for 
testing.
178.803  Testing and certification of intermediate bulk containers.
178.810  Drop test.
178.811  Bottom lift test.
178.812  Top lift test.
178.813  Leakproofness test.
178.814  Hydrostatic pressure test.
178.815  Stacking test.
178.816  Topple test.
178.817  Righting test.
178.818  Tear test.
178.819  Vibration test.

Subpart O--Testing of Intermediate Bulk Containers


Sec. 178.800  Purpose and scope.

    This subpart prescribes certain testing requirements for 
intermediate bulk containers identified in subpart N of this part.


Sec. 178.801  General requirements.

    (a) General. The test procedures prescribed in this subpart are 
intended to ensure that intermediate bulk containers containing 
hazardous materials can withstand normal conditions of transportation 
and are considered minimum requirements. Each packaging must be 
manufactured and assembled so as to be capable of successfully passing 
the prescribed tests and of conforming to the requirements of 
Sec. 173.24 of this subchapter at all times while in transportation.
    (b) Responsibility. It is the responsibility of the intermediate 
bulk container manufacturer, the person certifying compliance with 
subparts N and O of this part, and the person who offers a hazardous 
material for transportation (to the extent that assembly functions, 
including final closure, are performed by the offeror), to assure that 
each intermediate bulk container is capable of passing the prescribed 
tests.
    (c) Definitions. For the purpose of this subpart:
    (1) Intermediate bulk container design type refers to intermediate 
bulk container which does not differ in structural design, size, 
material of construction, wall thickness, manner of construction and 
representative service equipment.
    (2) Design qualification testing is the performance of the drop, 
leakproofness, hydrostatic pressure, stacking, bottom-lift or top-lift, 
tear, topple, righting and vibration tests, as applicable, prescribed 
in this subpart, for each different intermediate bulk container design 
type, at the start of production of that packaging.
    (3) Periodic design requalification test is the performance of the 
applicable tests specified in paragraph (c)(2) of this section on an 
intermediate bulk container design type, in order to requalify the 
design for continued production at the frequency specified in paragraph 
(e) of this section.
    (4) Production inspection is the inspection that must initially be 
conducted on each newly manufactured intermediate bulk container.
    (5) Production testing is the performance of the leakproofness test 
in accordance with paragraph (f) of this section on each intermediate 
bulk container intended to contain solids discharged by pressure or 
intended to contain liquids.
    (6) Periodic retest and inspection is performance of the applicable 
test and inspections on each intermediate bulk container at the 
frequency specified in Sec. 180.352 of this subchapter.
    (7) Different intermediate bulk container design type is one that 
differs from a previously qualified intermediate bulk container design 
type in structural design, size, material of construction, wall 
thickness, or manner of construction, but does not include:
    (i) A packaging which differs in surface treatment;
    (ii) A rigid plastic intermediate bulk container or composite 
intermediate bulk container which differs with regard to additives used 
to comply with Secs. 178.706(c), 178.707(c) or 178.710(c);
    (iii) A packaging which differs only in its lesser external 
dimensions (i.e., height, width, length) provided materials of 
construction and material thicknesses or fabric weight remain the same;
    (iv) A packaging which differs in service equipment.
    (d) Design qualification testing. The packaging manufacturer shall 
achieve successful test results for the design qualification testing at 
the start of production of each new or different intermediate bulk 
container design type. The service equipment selected for this design 
qualification testing shall be representative of the type of service 
equipment that will be fitted to any finished intermediate bulk 
container body under the design. Application of the certification mark 
by the manufacturer shall constitute certification that the 
intermediate bulk container design type passed the prescribed tests in 
this subpart.
    (e) Periodic design requalification testing. (1) Periodic design 
requalification must be conducted on each qualified intermediate bulk 
container design type if the manufacturer is to maintain authorization 
for continued production. The intermediate bulk container manufacturer 
shall achieve successful test results for the periodic design 
requalification at sufficient frequency to ensure each packaging 
produced by the manufacturer is capable of passing the design 
qualification tests. Design requalification tests must be conducted at 
least once every 12 months.
    (2) Changes in the frequency of design requalification testing 
specified in paragraph (e)(1) of this section are authorized if 
approved by the Associate Administrator for Hazardous Materials Safety. 
These requests must be based on:
    (i) Detailed quality assurance programs that assure that proposed 
decreases in test frequency maintain the integrity of originally tested 
intermediate bulk container design types; and
    (ii) Demonstrations that each intermediate bulk container produced 
is capable of withstanding higher standards (e.g., increased drop 
height, hydrostatic pressure, wall thickness, fabric weight).
    (f) Production testing and inspection. (1) Production testing 
consists of the leakproofness test prescribed in Sec. 178.813 of this 
subpart and must be performed on each intermediate bulk container 
intended to contain solids discharged by pressure or intended to 
contain liquids. For this test:
    (i) The intermediate bulk container need not have its closures 
fitted.
    (ii) The inner receptacle of a composite intermediate bulk 
container may be tested without the outer intermediate bulk container 
body, provided the test results are not affected.
    (2) Applicable inspection requirements in Sec. 180.352 of this 
subchapter must be performed on each intermediate bulk container 
initially after production.
    (g) Test samples. The intermediate bulk container manufacturer 
shall conduct the design qualification and periodic design 
requalification tests prescribed in this subpart using random samples 
of intermediate bulk containers, according to the appropriate test 
section.
    (h) Selective testing of intermediate bulk containers. Variation of 
a tested intermediate bulk container design type is permitted without 
further testing, provided selective testing demonstrates an equivalent 
or greater level of safety than the design type tested and which has 
been approved by the Associate Administrator for Hazardous Materials 
Safety.
    (i) Approval of equivalent packagings. An intermediate bulk 
container which differs from the standards in subpart N of this part, 
or which is tested using methods other than those specified in this 
subpart, may be used if approved by the Associate Administrator for 
Hazardous Materials Safety. Such intermediate bulk containers must be 
shown to be equally effective, and testing methods used must be 
equivalent.
    (j) Proof of compliance. Notwithstanding the periodic design 
requalification testing intervals specified in paragraph (e) of this 
section, the Associate Administrator for Hazardous Materials Safety, or 
a designated representative, may at any time require demonstration of 
compliance by a manufacturer, through testing in accordance with this 
subpart, that packagings meet the requirements of this subpart. As 
required by the Associate Administrator for Hazardous Materials Safety, 
or a designated representative, the manufacturer shall either:
    (1) Conduct performance tests or have tests conducted by an 
independent testing facility, in accordance with this subpart; or
    (2) Make a sample intermediate bulk container available to the 
Associate Administrator for Hazardous Materials Safety, or a designated 
representative, for testing in accordance with this subpart.
    (k) Coatings. If an inner treatment or coating of an intermediate 
bulk container is required for safety reasons, the manufacturer shall 
design the intermediate bulk container so that the treatment or coating 
retains its protective properties even after withstanding the tests 
prescribed by this subpart.
    (l) Record retention. (1) The person who certifies an intermediate 
bulk container design type shall keep records of design qualification 
tests for each intermediate bulk container design type and for each 
periodic design requalification as specified in this part. These 
records must be maintained at each location where the intermediate bulk 
container is manufactured and at each location where design 
qualification and periodic design requalification testing is performed. 
These records must be maintained for as long as intermediate bulk 
containers are manufactured in accordance with each qualified design 
type and for at least 2.5 years thereafter. These records must include 
the following information: name and address of test facility; name and 
address of the person certifying the intermediate bulk container; a 
unique test report identification; date of test report; manufacturer of 
the intermediate bulk container; description of the intermediate bulk 
container design type (e.g., dimensions, materials, closures, 
thickness, representative service equipment, etc.); maximum 
intermediate bulk container capacity; characteristics of test contents; 
test descriptions and results (including drop heights, hydrostatic 
pressures, tear propagation length, etc.). Each test report must be 
signed with the name of the person conducting the test, and name of the 
person responsible for testing.
    (2) The person who certifies each intermediate bulk container must 
make all records of design qualification tests and periodic design 
requalification tests available for inspection by a representative of 
the Department upon request.


Sec. 178.802  Preparation of fiberboard intermediate bulk containers 
for testing.

    (a) Fiberboard intermediate bulk containers and composite 
intermediate bulk containers with fiberboard outer packagings must be 
conditioned for at least 24 hours in an atmosphere maintained:
    (1) At 50 percent  2 percent relative humidity, and at 
a temperature of 23 deg.  2  deg.C (73 deg.F  4 
 deg.F); or
    (2) At 65 percent  2 percent relative humidity, and at 
a temperature of 20 deg.  2  deg.C (68  deg.F  
4  deg.F), or 27  deg.C  2  deg.C (81  deg.F  4 
 deg.F).
    (b) Average values for temperature and humidity must fall within 
the limits in paragraph (a) of this section. Short-term fluctuations 
and measurement limitations may cause individual measurements to vary 
by up to  5 percent relative humidity without significant 
impairment of test reproducibility.
    (c) For purposes of periodic design requalification only, 
fiberboard intermediate bulk containers or composite intermediate bulk 
containers with fiberboard outer packagings may be at ambient 
conditions.


Sec. 178.803  Testing and certification of intermediate bulk 
containers.

    Tests required for the certification of each intermediate bulk 
container design type are specified in the following table. The letter 
X indicates that one intermediate bulk container (except where noted) 
of each design type must be subjected to the tests in the order 
presented: 

----------------------------------------------------------------------------------------------------------------
   Intermediate bulk                   Rigid plastic    Composite     Fiber-board                  Flexible IBCs
 container (IBC) type    Metal IBCs         IBCs           IBCs           IBCs       Wooden IBCs                
----------------------------------------------------------------------------------------------------------------
Vibration.............  X              X              X              X              X              X1,5         
Bottom lift...........  X\2\           X\2\           X\2\           X              X                           
Top lift..............  X\2\           X\2\           X\2\                                         X2,5         
Stacking..............  X              X              X              X              X              X\5\         
Leakproofness.........  X\3\           X\3\           X\3\                                                      
Hydrostatic...........  X\3\           X\3\           X\3\                                                      
Drop..................  X\4\           X\4\           X\4\           X\4\           X\4\           X\5\         
Topple................                                                                             X\5\         
Righting..............                                                                             X2,5         
Tear..................                                                                             X\5\         
----------------------------------------------------------------------------------------------------------------
Notes: 1. Flexible intermediate bulk containers must be capable of withstanding the vibration test.             
2. Only if intermediate bulk containers are designed to be handled this way.                                    
3. The leakproofness and hydrostatic pressure tests are required for intermediate bulk containers intended to   
  contain liquids or which are intended to contain solids loaded or discharged under pressure.                  
4. Another intermediate bulk container of the same design type may be used for the drop test set forth in Sec.  
  178.810.                                                                                                      
5. A different flexible intermediate bulk container may be used for each test.                                  

Sec. 178.810  Drop test.

    (a) General. The drop test must be conducted for the qualification 
of all intermediate bulk container design types and performed 
periodically as specified in Sec. 178.801(e) of this subpart.
    (b) Special preparation for the drop test. (1) Metal, rigid 
plastic, and composite intermediate bulk containers intended to contain 
solids must be filled to not less than 95 percent of their capacity, or 
if intended to contain liquids, to not less than 98 percent of their 
capacity. Pressure relief devices must be removed and their apertures 
plugged or rendered inoperative.
    (2) Fiberboard, wooden, and flexible intermediate bulk containers 
must be filled with a solid material to not less than 95 percent of 
their capacity.
    (3) Rigid plastic intermediate bulk containers and composite 
intermediate bulk containers with plastic inner receptacles must be 
conditioned for testing by reducing the temperature of the packaging 
and its contents to -18  deg.C (0  deg.F) or lower. Test liquids must 
be kept in the liquid state. Anti-freeze should be used, if necessary.
    (c) Test method. Samples of all intermediate bulk container design 
types must be dropped onto a rigid, non-resilient, smooth, flat and 
horizontal surface. The point of impact must be the most vulnerable 
part of the base of the intermediate bulk container being tested. 
Following the drop, the intermediate bulk container must be restored to 
the upright position for observation.
    (d) Drop height. (1) For all intermediate bulk containers, drop 
heights are specified as follows:
    (i) Packing Group I: 1.8 m (5.9 feet).
    (ii) Packing Group II: 1.2 m (3.9 feet).
    (iii) Packing Group III: 0.8 m (2.6 feet).
    (2) Drop tests are to be performed with the solid or liquid to be 
transported or with a non-hazardous material having essentially the 
same physical characteristics.
    (3) The specific gravity and viscosity of a substituted non-
hazardous material used in the drop test for liquids must be similar to 
the hazardous material intended for transportation. Water also may be 
used for the liquid drop test under the following conditions:
    (i) Where the substances to be carried have a specific gravity not 
exceeding 1.2, the drop heights must be those specified in paragraph 
(d)(1) of this section for each intermediate bulk container design 
type; and
    (ii) Where the substances to be carried have a specific gravity 
exceeding 1.2, the drop heights must be as follows:
    (A) Packing Group I: SG x 1.5 m (4.9 feet).
    (B) Packing Group II: SG x 1.0 m (3.3 feet).
    (C) Packing Group III: SG x 0.67 m (2.2 feet).
    (e) Criteria for passing the test. For all intermediate bulk 
container design types there may be no loss of contents. A slight 
discharge from a closure upon impact is not considered to be a failure 
of the intermediate bulk container provided that no further leakage 
occurs. A slight discharge (e.g., from closures or stitch holes) upon 
impact is not considered a failure of the flexible intermediate bulk 
container provided that no further leakage occurs after the 
intermediate bulk container has been raised clear of the ground.


Sec. 178.811  Bottom lift test.

    (a) General. The bottom lift test must be conducted for the 
qualification of all intermediate bulk container design types designed 
to be lifted from the base.
    (b) Special preparation for the bottom lift test. The intermediate 
bulk container must be loaded to 1.25 times its maximum permissible 
gross mass, the load being evenly distributed.
    (c) Test method. All intermediate bulk container design types must 
be raised and lowered twice by a lift truck with the forks centrally 
positioned and spaced at three quarters of the dimension of the side of 
entry (unless the points of entry are fixed). The forks must penetrate 
to three quarters of the direction of entry. The test must be repeated 
from each possible direction of entry.
    (d) Criteria for passing the test. For all intermediate bulk 
container design types designed to be lifted from the base, there may 
be no permanent deformation which renders the intermediate bulk 
container unsafe for transportation and no loss of contents.


Sec. 178.812  Top lift test.

    (a) General. The top lift test must be conducted for the 
qualification of all intermediate bulk container design types designed 
to be lifted from the top or, for flexible intermediate bulk 
containers, from the side.
    (b) Special preparation for the top lift test. (1) Metal, rigid 
plastic, and composite intermediate bulk container design types must be 
loaded to twice the maximum permissible gross mass.
    (2) Flexible intermediate bulk container design types must be 
filled to six times the maximum net mass, the load being evenly 
distributed.
    (c) Test method. (1) A metal or flexible intermediate bulk 
container must be lifted in the manner for which it is designed until 
clear of the floor and maintained in that position for a period of five 
minutes. For flexible intermediate bulk container design types, other 
methods of top lift testing and preparation at least equally effective 
may be used (see Sec. 178.801(i)).
    (2) Rigid plastic and composite intermediate bulk container design 
types must be:
    (i) Lifted by each pair of diagonally opposite lifting devices, so 
that the hoisting forces are applied vertically, for a period of five 
minutes; and
    (ii) Lifted by each pair of diagonally opposite lifting devices, so 
that the hoisting forces are applied towards the center at 45 deg. to 
the vertical, for a period of five minutes.
    (d) Criteria for passing the test. For all intermediate bulk 
container design types designed to be lifted from the top, there may be 
no permanent deformation which renders the intermediate bulk container, 
including the base pallets when applicable, unsafe for transportation, 
and no loss of contents.


Sec. 178.813  Leakproofness test.

    (a) General. The leakproofness test must be conducted for the 
qualification of all intermediate bulk container design types and on 
all production units intended to contain liquids or intended to contain 
solids that are loaded or discharged under pressure.
    (b) Special preparation for the leakproofness test. Vented closures 
must either be replaced by similar non-vented closures or the vent must 
be sealed. For metal intermediate bulk container design types, the 
initial test must be carried out before the fitting of any thermal 
insulation equipment.
    (c) Test method and pressure applied. The leakproofness test must 
be carried out for a suitable length of time using air at a gauge 
pressure of not less than 20 kPa (2.9 psig). Leakproofness of 
intermediate bulk container design types must be determined by coating 
the seams and joints with a heavy oil, a soap solution and water, or 
other methods suitable for the purpose of detecting leaks. Other 
methods, if at least equally effective, may be used in accordance with 
Appendix B of this part, or if approved by the Associate Administrator 
for Hazardous Materials Safety, as provided in Sec. 178.801(i)).
    (d) Criterion for passing the test. For all intermediate bulk 
container design types intended to contain liquids or intended to 
contain solids that are loaded or discharged under pressure, there may 
be no leakage of air from the intermediate bulk container.


Sec. 178.814  Hydrostatic pressure test.

    (a) General. The hydrostatic pressure test must be conducted for 
the qualification of all metal, rigid plastic, and composite 
intermediate bulk container design types intended to contain liquids or 
intended to contain solids loaded or discharged under pressure.
    (b) Special preparation for the hydrostatic pressure test. For 
metal intermediate bulk containers, the test must be carried out before 
the fitting of any thermal insulation equipment. For all intermediate 
bulk containers, pressure relief devices and vented closures must be 
removed and their apertures plugged or rendered inoperative.
    (c) Test method. Hydrostatic gauge pressure must be measured at the 
top of the intermediate bulk container. The test must be carried out 
for a period of at least 10 minutes applying a hydrostatic gauge 
pressure not less than that indicated in paragraph (d) of this section. 
The intermediate bulk containers may not be mechanically restrained 
during the test.
    (d) Hydrostatic gauge pressure applied. (1) For metal intermediate 
bulk container design types, 31A, 31B, 31N: 65 kPa gauge pressure (9.4 
psig).
    (2) For metal intermediate bulk container design types 21A, 21B, 
21N, 31A, 31B, 31N: 200 kPa (29 psig). For metal intermediate bulk 
container design types 31A, 31B and 31N, the tests in paragraphs (d)(1) 
and (d)(2) of this section must be conducted consecutively.
    (3) For metal intermediate bulk containers design types 21A, 21B, 
and 21N, for Packing Group I solids: 250 kPa (36 psig) gauge pressure.
    (4) For rigid plastic intermediate bulk container design types 21H1 
and 21H2 and composite intermediate bulk container design types 21HZ1 
and 21HZ2: 75 kPa (11 psig).
    (5) For rigid plastic intermediate bulk container design types 31H1 
and 31H2 and composite intermediate bulk container design types 31HZ1 
and 31HZ2: whichever is the greater of:
    (i) The pressure determined by any one of the following methods:
    (A) The gauge pressure (pressure in the intermediate bulk container 
above ambient atmospheric pressure) measured in the intermediate bulk 
container at 55  deg.C (131  deg.F) multiplied by a safety factor of 
1.5. This pressure must be determined on the basis of the intermediate 
bulk container being filled and closed to no more than 98 percent 
capacity at 15  deg.C (60  deg.F);
    (B) If absolute pressure (vapor pressure of the hazardous material 
plus atmospheric pressure) is used, 1.5 multiplied by the vapor 
pressure of the hazardous material at 55  deg.C (131  deg.F) minus 100 
kPa (14.5 psi). If this method is chosen, the hydrostatic test pressure 
applied must be at least 100 kPa gauge pressure (14.5 psig); or
    (C) If absolute pressure (vapor pressure of the hazardous material 
plus atmospheric pressure) is used, 1.75 multiplied by the vapor 
pressure of the hazardous material at 50  deg.C (122  deg.F) minus 100 
kPa (14.5 psi). If this method is chosen, the hydrostatic test pressure 
applied must be at least 100 kPa gauge pressure (14.5 psig); or
    (ii) Twice the greater of: (A) The static pressure of the hazardous 
material on the bottom of the intermediate bulk container filled to 98 
percent capacity; or
    (B) The static pressure of water on the bottom of the intermediate 
bulk container filled to 98 percent capacity.
    (e) Criteria for passing the test(s). (1) For metal intermediate 
bulk containers, subjected to the 65 kPa (9.4 psig) test pressure 
specified in paragraph (d)(1) of this section, there may be no leakage 
or permanent deformation that would make the intermediate bulk 
container unsafe for transportation.
    (2) For metal intermediate bulk containers intended to contain 
liquids, when subjected to the 200 kPa (29 psig) and the 250 kPa (36 
psig) test pressures specified in paragraphs (d)(2) and (d)(3) of this 
section, respectively, there may be no leakage.
    (3) For rigid plastic intermediate bulk container types 21H1, 21H2, 
31H1, and 31H2, and composite intermediate bulk container types 21HZ1, 
21HZ2, 31HZ1, and 31HZ2, there may be no leakage and no permanent 
deformation which renders the intermediate bulk container unsafe for 
transportation.


Sec. 178.815  Stacking test.

    (a) General. The stacking test must be conducted for the 
qualification of all intermediate bulk container design types intended 
to be stacked.
    (b) Special preparation for the stacking test. (1) All intermediate 
bulk containers except flexible intermediate bulk container design 
types must be loaded to their maximum permissible gross mass.
    (2) The flexible intermediate bulk container must be filled to not 
less than 95 percent of its capacity and to its maximum net mass, with 
the load being evenly distributed.
    (c) Test method. (1) All intermediate bulk containers must be 
placed on their base on level, hard ground and subjected to a uniformly 
distributed superimposed test load for a period of at least five 
minutes (see paragraph (d) of this section).
    (2) Fiberboard, wooden, and composite intermediate bulk containers 
with outer packagings constructed of other than plastic materials must 
be subjected to the test for 24 hours.
    (3) Rigid plastic intermediate bulk container types and composite 
intermediate bulk container types with plastic outer packagings (11HH1, 
11HH2, 21HH1, 21HH2, 31HH1 and 31HH2) must be subjected to the test for 
28 days at 40  deg.C (104  deg.F).
    (4) For all intermediate bulk containers, the load must be applied 
by one of the following methods:
    (i) One or more intermediate bulk containers of the same type 
loaded to their maximum permissible gross mass and stacked on the test 
intermediate bulk container; or
    (ii) The calculated superimposed test load weight loaded on either 
a flat plate or a reproduction of the base of the intermediate bulk 
container, which is stacked on the test intermediate bulk container.
    (d) Calculation of superimposed test load. For all intermediate 
bulk containers, the load to be placed on the intermediate bulk 
container must be 1.8 times the combined maximum permissible gross mass 
of the number of similar intermediate bulk containers that may be 
stacked on top of the intermediate bulk container during 
transportation.
    (e) Criteria for passing the test. (1) For metal, rigid plastic, 
and composite intermediate bulk containers there may be no permanent 
deformation which renders the intermediate bulk container unsafe for 
transportation and no loss of contents.
    (2) For fiberboard and wooden intermediate bulk containers there 
may be no loss of contents and no permanent deformation which renders 
the whole intermediate bulk container, including the base pallet, 
unsafe for transportation.
    (3) For flexible intermediate bulk containers, there may be no 
deterioration which renders the intermediate bulk container unsafe for 
transportation and no loss of contents.


Sec. 178.816  Topple test.

    (a) General. The topple test must be conducted for the 
qualification of all flexible intermediate bulk container design types.
    (b) Special preparation for the topple test. The flexible 
intermediate bulk container must be filled to not less than 95 percent 
of its capacity and to its maximum net mass, with the load being evenly 
distributed.
    (c) Test method. A flexible intermediate bulk container must be 
toppled onto any part of its top upon a rigid, non-resilient, smooth, 
flat, and horizontal surface.
    (d) Topple height. For all flexible intermediate bulk containers, 
the topple height is specified as follows:
    (1) Packing Group I: 1.8 m (5.9 feet).
    (2) Packing Group II: 1.2 m (3.9 feet).
    (3) Packing Group III: 0.8 m (2.6 feet).
    (e) Criteria for passing the test. For all flexible intermediate 
bulk containers, there may be no loss of contents. A slight discharge 
(e.g., from closures or stitch holes) upon impact is not considered to 
be a failure, provided no further leakage occurs.


Sec. 178.817  Righting test.

    (a) General. The righting test must be conducted for the 
qualification of all flexible intermediate bulk containers designed to 
be lifted from the top or side.
    (b) Special preparation for the righting test. The flexible 
intermediate bulk container must be filled to not less than 95 percent 
of its capacity and to its maximum net mass, with the load being evenly 
distributed.
    (c) Test method. The flexible intermediate bulk container, lying on 
its side, must be lifted at a speed of at least 0.1 m/second (0.33 ft/
s) to an upright position, clear of the floor, by one lifting device, 
or by two lifting devices when four are provided.
    (d) Criterion for passing the test. For all flexible intermediate 
bulk containers, there may be no damage to the intermediate bulk 
container or its lifting devices which renders the intermediate bulk 
container unsafe for transportation or handling.


Sec. 178.818  Tear test.

    (a) General. The tear test must be conducted for the qualification 
of all flexible intermediate bulk container design types.
    (b) Special preparation for the tear test. The flexible 
intermediate bulk container must be filled to not less than 95 percent 
of its capacity and to its maximum net mass, the load being evenly 
distributed.
    (c) Test method. Once the intermediate bulk container is placed on 
the ground, a 100-mm (4-inch) knife score, completely penetrating the 
wall of a wide face, is made at a 45 deg. angle to the principal axis 
of the intermediate bulk container, halfway between the bottom surface 
and the top level of the contents. The intermediate bulk container must 
then be subjected to a uniformly distributed superimposed load 
equivalent to twice the maximum net mass. The load must be applied for 
at least five minutes. An intermediate bulk container which is designed 
to be lifted from the top or the side must, after removal of the 
superimposed load, be lifted clear of the floor and maintained in that 
position for a period of five minutes.
    (d) Criterion for passing the test. The intermediate bulk container 
passes the tear test if the cut does not propagate more than 25 percent 
of its original length.


Sec. 178.819  Vibration test.

    (a) General. The vibration test must be conducted for the 
qualification of all rigid intermediate bulk container design types. 
Flexible intermediate bulk container design types must be capable of 
withstanding the vibration test.
    (b) Test method. (1) A sample intermediate bulk container, selected 
at random, must be filled and closed as for shipment.
    (2) The sample intermediate bulk container must be placed on a 
vibrating platform that has a vertical double-amplitude (peak-to-peak 
displacement) of one inch. The intermediate bulk container must be 
constrained horizontally to prevent it from falling off the platform, 
but must be left free to move vertically, bounce and rotate.
    (3) The test must be performed for one hour at a frequency that 
causes the package to be raised from the vibrating platform to such a 
degree that a piece of material of approximately 1.6-mm (0.063-inch) 
thickness (such as steel strapping or paperboard) can be passed between 
the bottom of the intermediate bulk container and the platform. Other 
methods at least equally effective may be used (see Sec. 178.801(i)).
    (c) Criteria for passing the test. An intermediate bulk container 
passes the vibration test if there is no rupture or leakage.

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

    24. The authority citation for part 180 continues to read as 
follows:

    Authority: 49 App. U.S.C. 1803; 49 CFR part 1.

    25. A new Subpart D is added to part 180 to read as follows:

Subpart D--Qualification and Maintenance of Intermediate Bulk 
Containers

Sec.
180.350  Applicability.
180.351  Qualification of intermediate bulk containers.
180.352  Requirements for retest and inspection of intermediate bulk 
containers.

Subpart D--Qualification and Maintenance of Intermediate Bulk 
Containers


Sec. 180.350  Applicability.

    This subpart prescribes requirements, in addition to those 
contained in parts 107, 171, 172, 173, and 178 of this chapter, 
applicable to any person responsible for the continuing qualification, 
maintenance, or periodic retesting of an intermediate bulk container.


Sec. 180.351  Qualification of intermediate bulk containers.

    (a) General. Each intermediate bulk container used for the 
transportation of hazardous materials must be an authorized packaging.
    (b) Intermediate bulk container specifications. To qualify as an 
authorized packaging, each intermediate bulk container must conform to 
this subpart, the applicable requirements specified in part 173 of this 
subchapter, and the applicable requirements of subparts N and O of part 
178 of this subchapter.


Sec. 180.352  Requirements for retest and inspection of intermediate 
bulk containers.

    (a) General. Each intermediate bulk container constructed in 
accordance with a UN standard for which a test or inspection specified 
in paragraphs (b)(1), (b)(2) and (b)(3) of this section is required may 
not be filled and offered for transportation or transported until the 
test or inspection has been successfully completed. This paragraph does 
not apply to any intermediate bulk container filled prior to the test 
or inspection due date. The requirements in this section do not apply 
to DOT 56 and 57 portable tanks.
    (b) Test and inspections for metal, rigid plastic, and composite 
intermediate bulk containers. Each intermediate bulk container is 
subject to the following test and inspections:
    (1) The leakproofness test prescribed in Sec. 178.813 of this 
subchapter must be conducted every 2.5 years starting from the date of 
manufacture marked on each intermediate bulk container intended to 
contain liquids or intended to contain solids that are loaded or 
discharged under pressure.
    (2) An external visual inspection must be conducted initially after 
production and every 2.5 years starting from the date of manufacture on 
each intermediate bulk container to ensure that:
    (i) The intermediate bulk container is marked in accordance with 
requirements in Sec. 178.703 of this subchapter. Missing or damaged 
markings, or markings difficult to read must be restored or returned to 
original condition.
    (ii) Service equipment is fully functional and free from damage 
which may cause failure. Missing, broken, or damaged parts must be 
repaired or replaced.
    (iii) The intermediate bulk container, including the outer 
packaging if applicable, is free from damage which reduces its 
structural integrity. The intermediate bulk container must be 
externally inspected for cracks, warpage, corrosion or any other damage 
which might render the intermediate bulk container unsafe for 
transportation. An intermediate bulk container found with such defects 
must be removed from service. The inner receptacle of a composite 
intermediate bulk container must be removed from the outer intermediate 
bulk container body for inspection unless the inner receptacle is 
bonded to the outer body or unless the outer body is constructed in 
such a way (e.g., a welded or riveted cage) that removal of the inner 
receptacle is not possible without impairing the integrity of the outer 
body. Defective inner receptacles must be replaced with a receptacle 
meeting the design type of the intermediate bulk container or the 
entire intermediate bulk container must be replaced. For metal 
intermediate bulk containers, thermal insulation must be removed to the 
extent necessary for proper examination of the intermediate bulk 
container body.
    (3) Each metal intermediate bulk container must be internally 
inspected at least every five years to ensure that the intermediate 
bulk container is free from damage which might reduce its structural 
integrity.
    (i) The intermediate bulk container must be internally inspected 
for cracks, warpage, and corrosion or any other defect that might 
render the intermediate bulk container unsafe for transportation. An 
intermediate bulk container found with such defects must be removed 
from hazardous materials service until restored to the original design 
type of the intermediate bulk container.
    (ii) Metal intermediate bulk containers must be inspected to ensure 
the minimum wall thickness requirements in Sec. 178.705(c)(1)(iv)(A) of 
this subchapter are met. Metal intermediate bulk containers not 
conforming to minimum wall thickness requirements must be removed from 
hazardous materials service.
    (c) Initial visual inspection for flexible, fiberboard, or wooden 
intermediate bulk containers. Each intermediate bulk container must be 
visually inspected prior to first use, by the person who places 
hazardous materials in the intermediate bulk container, to ensure that:
    (1) The intermediate bulk container is marked in accordance with 
requirements in Sec. 178.703 of this subchapter. Additional marking 
allowed for each design type may be present. Required markings that are 
missing, damaged or difficult to read must be restored or returned to 
original condition.
    (2) Proper construction and design specifications have been met.
    (i) Each flexible intermediate bulk container must be inspected to 
ensure that:
    (A) Lifting straps if used, are securely fastened to the 
intermediate bulk container in accordance with the design type.
    (B) Seams are free from defects in stitching, heat sealing or 
gluing which would render the intermediate bulk container unsafe for 
transportation of hazardous materials. All stitched seam-ends must be 
secure.
    (C) Fabric used to construct the intermediate bulk container is 
free from cuts, tears and punctures. Additionally, fabric must be free 
from scoring which may render the intermediate bulk container unsafe 
for transport.
    (ii) Each fiberboard intermediate bulk container must be inspected 
to ensure that:
    (A) Fluting or corrugated fiberboard is firmly glued to facings.
    (B) Seams are creased and free from scoring, cuts, and scratches.
    (C) Joints are appropriately overlapped and glued, stitched, taped 
or stapled as prescribed by the design. Where staples are used, the 
joints must be inspected for protruding staple-ends which could 
puncture or abrade the inner liner. All such ends must be protected 
before the intermediate bulk container is authorized for hazardous 
materials service.
    (iii) Each wooden intermediate bulk container must be inspected to 
ensure that:
    (A) End joints are secured in the manner prescribed by the design.
    (B) Intermediate bulk container walls are free from defects in 
wood. Inner protrusions which could puncture or abrade the liner must 
be covered.
    (d) Retest date. The date of the most recent periodic retest must 
be marked as provided in Sec. 178.703(b) of this subchapter.
    (e) Record retention. The intermediate bulk container owner or 
lessee shall keep records of periodic retests and initial and periodic 
inspections. Records must include design types and packaging 
specifications, test and inspection dates, name and address of test and 
inspection facilities, names or name of any persons conducting tests or 
inspections, and test or inspection specifics and results. Records must 
be kept for each packaging at each location where periodic tests are 
conducted, until such tests are successfully performed again or for at 
least 2.5 years from the date of the last test. These records must be 
made available for inspection by a representative of the Department on 
request.

    Issued in Washington, DC on July 1, 1994 under authority 
delegated in 49 CFR Part 1.
Ana Sol Gutierrez,
Acting Administrator, Research and Special Programs Administration.
[FR Doc. 94-16673 Filed 7-25-94; 8:45 am]
BILLING CODE 4910-60-P