[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR173.35]

[Page 473-474]
 
                        TITLE 49--TRANSPORTATION
 
   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, 
                      DEPARTMENT OF TRANSPORTATION
 
PART 173_SHIPPERS_GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS--
 
     Subpart B_Preparation of Hazardous Materials for Transportation
 
Sec.  173.35  Hazardous materials in IBCs.

    (a) No person may offer or accept a hazardous material for 
transportation in an IBC except as authorized by this subchapter. Each 
IBC 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 IBC, 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 IBC filled prior to 
the retest or inspection due date.
    (b) Initial use and reuse of IBCs. (Also see Sec.  180.352 of this 
subchapter.) An IBC other than a multiwall paper IBC (13M1 and 13M2) may 
be reused. If an inner liner is required, the inner liner must be 
replaced before each reuse. Before an IBC is filled and offered for 
transportation, the IBC and its service equipment must be given an 
external visual inspection, by the person filling the IBC, to ensure 
that:
    (1) The IBC is free from corrosion, contamination, cracks, cuts, or 
other damage which would render it unable to pass the prescribed design 
type test to which it is certified and marked; and
    (2) The IBC 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.
    (c) A metal IBC, 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 IBC with liquids, sufficient ullage must be left to 
ensure that, at the mean bulk temperature of 50 [deg]C (122 [deg]F), the 
IBC 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 IBC; and
    (2) Each IBC must be securely fastened to or contained within the 
transport unit.
    (g) Each IBC 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 IBC that is 
appropriately resistant to an increase of internal pressure likely to 
develop during transportation.
    (1) A rigid plastic or composite IBC 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 IBC above ambient 
atmospheric pressure) measured in the IBC 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 IBC 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 IBC 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 psia).
    (iii) The absolute pressure (vapor pressure of the hazardous 
material plus atmospheric pressure) in the IBC at 55

[[Page 474]]

[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 psia).
    (iv) Twice the static pressure of the substance, measured at the 
bottom of the IBC. This value must not be less than twice the static 
pressure of water.
    (2) Gauge pressure (pressure in the IBC above ambient atmospheric 
pressure) in metal IBC 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 IBC may be filled with a Packing Group I liquid. Rigid 
plastic, composite, flexible, wooden or fiberboard IBC used to transport 
Packing Group I solid materials may not exceed 1.5 cubic meters (53 
cubic feet) capacity. For Packing Group I solids, a metal IBC may not 
exceed 3 cubic meters (106 cubic feet) capacity.
    (k) When an IBC is used for the transportation of liquids with a 
flash point 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.
    (l) IBC filling limits. (1) Except as provided in this section, an 
IBC may not be filled with a hazardous material in excess of the maximum 
gross mass marked on that container.
    (2) An IBC which is tested and marked for Packing Group II liquid 
materials may be filled with a Packing Group III liquid material to a 
gross mass not exceeding 1.5 times the maximum gross mass marked on that 
container, if all the performance criteria can still be met at the 
higher gross mass.
    (3) An IBC which is tested and marked for liquid hazardous materials 
may be filled with a solid hazardous material to a gross mass not 
exceeding the maximum gross mass marked on that container. In addition, 
an IBC intended for the transport of liquids which is tested and marked 
for Packing Group II liquid materials may be filled with a Packing Group 
III solid hazardous material to a gross mass not exceeding the marked 
maximum gross mass multiplied by 1.5 if all the performance criteria can 
still be met at the higher gross mass.
    (4) An IBC which is tested and marked for Packing Group I solid 
materials may be filled with a Packing Group II solid material to a 
gross mass not exceeding the maximum gross mass marked on that 
container, multiplied by 1.5, if all the performance criteria can be met 
at the higher gross mass; or a Packing Group III solid material to a 
gross mass not exceeding the maximum gross mass marked on the IBC, 
multiplied by 2.25, if all the performance criteria can be met at the 
higher gross mass. An IBC which is tested and marked for Packing Group 
II solid materials may be filled with a Packing Group III solid material 
to a gross mass not exceeding the maximum gross mass marked on the IBC, 
multiplied by 1.5.

[Amdt. 173-238, 59 FR 38064, July 26, 1994, as amended by Amdt. 173-243, 
60 FR 40038, Aug. 4, 1995; 64 FR 10777, Mar. 5, 1999; 66 FR 45380, 
45381, Aug. 28, 2001; 68 FR 48569, Aug. 14, 2003]