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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 21:21:3.0.1.1.9.2.1.1 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | B | Subpart B—Substances Utilized To Control the Growth of Microorganisms | § 178.1005 Hydrogen peroxide solution. | FDA | [46 FR 2342, Jan. 9, 1981, as amended at 49 FR 10111, Mar. 19, 1984; 49 FR 32345, Aug. 14, 1984; 49 FR 37747, Sept. 26, 1984; 51 FR 45881, Dec. 23, 1986; 52 FR 26146, July 13, 1987; 53 FR 47186, Nov. 22, 1988; 54 FR 5604, Feb. 6, 1989; 54 FR 13167, Mar. 31, 1989; 54 FR 6365 Feb. 9, 1989; 55 FR 47055, Nov. 9, 1990; 57 FR 32423, July 22, 1992; 78 FR 71467, Nov. 29, 2013] | Hydrogen peroxide solution identified in this section may be safely used to sterilize polymeric food-contact surfaces identified in paragraph (e)(1) of this section. (a) Identity. For the purpose of this section, hydrogen peroxide solution is an aqueous solution containing not more than 35 percent hydrogen peroxide (CAS Reg. No. 7722-84-1) by weight, meeting the specifications prescribed in paragraph (c) of this section. (b) Optional adjuvant substances. Hydrogen peroxide solution identified in paragraph (a) of this section may contain substances generally recognized as safe in or on food, substances generally recognized for their intended use in food packaging, substances used in accordance with a prior sanction or approval, and substances permitted by applicable regulations in parts 174 through 179 of this chapter. (c) Specifications. Hydrogen peroxide solution shall meet the specifications of the Food Chemicals Codex, 7th ed. (2010), pp. 496-497, which is incorporated by reference. Hydrogen peroxide solution shall also meet the specifications for “Acidity,” “Chloride,” and “Other requirements” for Hydrogen Peroxide Concentrate in the United States Pharmacopeia 36th Revision (2013), pp. 3848-3849, which is incorporated by reference. The Director of the Office of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain copies from the United States Pharmacopeial Convention, 12601 Twinbrook Pkwy., Rockville, MD 20852 (Internet address http://www.usp.org ). Copies may be examined at the Food and Drug Administration's Main Library, 10903 New Hampshire Ave., Bldg. 2, Third Floor, Silver Spring, MD 20993, 301-796-2039, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html. (d) Limitations. No use of hydrogen peroxide solution in the sterilization of food packaging materi… | |||
| 21:21:3.0.1.1.9.2.1.2 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | B | Subpart B—Substances Utilized To Control the Growth of Microorganisms | § 178.1010 Sanitizing solutions. | FDA | [42 FR 14609, Mar. 16, 1977] | Sanitizing solutions may be safely used on food-processing equipment and utensils, and on other food-contact articles as specified in this section, within the following prescribed conditions: (a) Such sanitizing solutions are used, followed by adequate draining, before contact with food. (b) The solutions consist of one of the following, to which may be added components generally recognized as safe and components which are permitted by prior sanction or approval. (1) An aqueous solution containing potassium, sodium, or calcium hypochlorite, with or without the bromides of potassium, sodium, or calcium. (2) An aqueous solution containing dichloroisocyanuric acid, trichloroisocyanuric acid, or the sodium or potassium salts of these acids, with or without the bromides of potassium, sodium, or calcium. (3) An aqueous solution containing potassium iodide, sodium p -toluenesulfonchloroamide, and sodium lauryl sulfate. (4) An aqueous solution containing iodine, butoxy monoether of mixed (ethylene-propylene) polyalkylene glycol having a cloudpoint of 90°-100 °C in 0.5 percent aqueous solution and an average molecular weight of 3,300, and ethylene glycol monobutyl ether. Additionally, the aqueous solution may contain diethylene glycol monoethyl ether as an optional ingredient. (5) An aqueous solution containing elemental iodine, hydriodic acid, a -( p -nonylphenyl)- omega -hydroxypoly-(oxyethylene) (complying with the identity prescribed in § 178.3400(c) and having a maximum average molecular weight of 748) and/or polyoxyethylene-polyoxypropylene block polymers (having a minimum average molecular weight of 1,900). Additionally, the aqueous solution may contain isopropyl alcohol as an optional ingredient. (6) An aqueous solution containing elemental iodine, sodium iodide, sodium dioctylsulfosuccinate, and polyoxyethylene-polyoxypropylene block polymers (having a minimum average molecular weight of 1,900). (7) An aqueous solution containing dodecylbenzenesulfonic acid and either isopropyl alcohol or polyoxyethyle… | |||
| 21:21:3.0.1.1.9.3.1.1 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | C | Subpart C—Antioxidants and Stabilizers | § 178.2010 Antioxidants and/or stabilizers for polymers. | FDA | [42 FR 14609, Mar. 15, 1977] | The substances listed in paragraph (b) of this section may be safely used as antioxidants and/or stabilizers in polymers used in the manufacture of articles or components of articles intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food, subject to the provisions of this section: (a) The quantity used shall not exceed the amount reasonably required to accomplish the intended technical effect. (b) List of substances: 1 Copies are available from the American Society for Testing and Materials, 1916 Race Street, Philadelphia, Pa. 19103. | |||
| 21:21:3.0.1.1.9.3.1.2 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | C | Subpart C—Antioxidants and Stabilizers | § 178.2550 4-Hydroxymethyl-2,6-di- | FDA | 4-Hydroxymethyl-2,6-di -tert- butyl-phenol may be safely used as an antioxidant in articles intended for use in contact with food, in accordance with the following prescribed conditions: (a) The additive has a solidification point of 140°-141 °C. (b) The concentration of the additive and any other permitted antioxidants in the finished food-contact article does not exceed a total of 0.5 milligram per square inch of food-contact surface. | ||||
| 21:21:3.0.1.1.9.3.1.3 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | C | Subpart C—Antioxidants and Stabilizers | § 178.2650 Organotin stabilizers in vinyl chloride plastics. | FDA | [42 FR 14609, Mar. 15, 1977, as amended at 47 FR 11847, Mar. 19, 1982; 48 FR 7170, Feb. 18, 1983; 48 FR 42972, Sept. 21, 1983; 48 FR 51612, Nov. 10, 1983; 49 FR 8432, Mar. 7, 1984; 50 FR 62, Jan. 2, 1985; 50 FR 3510, Jan. 25, 1985; 50 FR 37998, Sept. 19, 1985; 50 FR 47212, Nov. 15, 1985; 54 FR 24898, June 12, 1989] | The organotin chemicals identified in paragraph (a) of this section may be safety used alone or in combination, at levels not to exceed a total of 3 parts per hundred of resin, as stabilizers in vinyl chloride homopolymers and copolymers complying with the provisions of § 177.1950 or § 177.1980 of this chapter and that are identified for use in contact with food of types I, II, III, IV (except liquid milk), V, VI (except malt beverages and carbonated nonalcoholic beverages), VII, VIII, and IX described in table 1 of § 176.170(c) of this chapter, except for the organotin chemical identified in paragraph (a)(3) of this section, which may be used in contact with food of types I through IX at temperatures not exceeding 75 °C (167 °F), and further that the organotin chemicals identified in paragraphs (a)(5) and (6) of this section may be used in contact with food of types I through IX at temperatures not exceeding 66 °C (150 °F), conditions of use D through G described in table 2 of § 176.170(c) of this chapter, and further that dodecyltin chemicals identified in paragraph (a)(7) of this section which may be used in contact with food of types I, II, III, IV (except liquid milk), V, VI (except malt beverages and carbonated nonalcoholic beverages), VII, VIII, and IX described in table 1 of § 176.170(c) of this chapter at temperatures not exceeding 71 °C (160 °F), in accordance with the following prescribed conditions: (a) For the purpose of this section, the organotin chemicals are those listed in paragraphs (a)(1), (2), (3), (4), (5), (6), and (7) of this section. (1) Di( n -octyl)tin S,S′-bis(isooctylmercaptoacetate) is an octyltin chemical having 15.1 to 16.4 percent by weight of tin (Sn) and having 8.1 to 8.9 percent by weight of mercapto sulfur. It is made from di( n -octyl)tin dichloride or di( n -octyl)tin oxide. The isooctyl radical in the mercaptoacetate is derived from oxo process isooctyl alcohol. Di( n -octyl)tin dichloride has an organotin composition that is not less than 95 percent by weight of di( n -o… | |||
| 21:21:3.0.1.1.9.4.1.1 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | D | Subpart D—Certain Adjuvants and Production Aids | § 178.3010 Adjuvant substances used in the manufacture of foamed plastics. | FDA | [47 FR 22090, May 21, 1982, as amended at 58 FR 64895, Dec. 10, 1993] | The following substances may be safely used as adjuvants in the manufacture of foamed plastics intended for use in contact with food, subject to any prescribed limitations: | |||
| 21:21:3.0.1.1.9.4.1.10 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | D | Subpart D—Certain Adjuvants and Production Aids | § 178.3400 Emulsifiers and/or surface-active agents. | FDA | [42 FR 14609, Mar. 15, 1977] | The substances listed in paragraph (c) of this section may be safely used as emulsifiers and/or surface-active agents in the manufacture of articles or components of articles intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food, subject to the provisions of this section. (a) The quantity used shall not exceed the amount reasonably required to accomplish the intended technical effect; and the quantity that may become a component of food as a result of such use shall not be intended to, nor in fact, accomplish any physical or technical effect in the food itself. (b) The use as an emulsifier and/or surface-active agent in any substance or article that is the subject of a regulation in parts 174, 175, 176, 177, 178 and § 179.45 of this chapter conforms with any specifications and limitations prescribed by such regulation for the finished form of the substance or article. (c) List of substances: (d) The provisions of this section are not applicable to emulsifiers and/or surface-active agents listed in § 175.105(c)(5) of this chapter and used in food-packaging adhesives complying with § 175.105 of this chapter. | |||
| 21:21:3.0.1.1.9.4.1.11 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | D | Subpart D—Certain Adjuvants and Production Aids | § 178.3450 Esters of stearic and palmitic acids. | FDA | The ester stearyl palmitate or palmityl stearate or mixtures thereof may be safely used as adjuvants in food-packaging materials when used in accordance with the following prescribed conditions: (a) They are used or intended for use as plasticizers or lubricants in polystyrene intended for use in contact with food. (b) They are added to the formulated polymer prior to extrusion. (c) The quantity used shall not exceed that required to accomplish the intended technical effect. | ||||
| 21:21:3.0.1.1.9.4.1.12 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | D | Subpart D—Certain Adjuvants and Production Aids | § 178.3480 Fatty alcohols, synthetic. | FDA | [42 FR 14609, Mar. 15, 1977, as amended at 47 FR 11847, Mar. 19, 1982; 54 FR 24898, June 12, 1989] | Synthetic fatty alcohols may be safely used as components of articles intended for use in contact with food, and in synthesizing food additives and other substances permitted for use as components of articles intended for use in contact with food in accordance with the following prescribed conditions: (a) The food additive consists of fatty alcohols meeting the specifications and definition prescribed in § 172.864 of this chapter, except as provided in paragraph (c) of this section. (b) It is used or intended for use as follows: (1) As substitutes for the corresponding naturally derived fatty alcohols permitted for use as components of articles intended for use in contact with food by existing regulations in parts 174, 175, 176, 177, 178 and § 179.45 of this chapter: Provided, That the use is in compliance with any prescribed limitations. (2) As substitutes for the corresponding naturally derived fatty alcohols used as intermediates in the synthesis of food additives and other substances permitted for use as components of food-contact articles. (c) Synthetic fatty alcohols identified in paragraph (c)(1) of this section may contain not more than 0.8 weight percent of total diols as determined by a method titled “Diols in Monohydroxy Alcohol by Miniature Thin Layer Chromatography (MTLC),” which is incorporated by reference. Copies are available from the Center for Food Safety and Applied Nutrition (HFS-200), Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, or available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (1) Synthetic fatty alcohols. (i) Hexyl, octyl, decyl, lauryl, myristyl, cetyl, and stearyl alcohols meeting the specifications and definition prescribed in § 172.864 of this chapter, except that they may contain not more than 0.8 weight percent total diols. (ii) Lau… | |||
| 21:21:3.0.1.1.9.4.1.13 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | D | Subpart D—Certain Adjuvants and Production Aids | § 178.3500 Glycerin, synthetic. | FDA | Synthetic glycerin may be safely used as a component of articles intended for use in packaging materials for food, subject to the provisions of this section: (a) It is produced by the hydrogenolysis of carbohydrates, and shall contain not in excess of 0.2 percent by weight of a mixture of butanetriols. (b) It is used in a quantity not to exceed that amount reasonably required to produce its intended physical or technical effect, and in accordance with any limitations prescribed by applicable regulations in parts 174, 175, 176, 177, 178 and 179 of this chapter. It shall not be intended to, nor in fact accomplish, any direct physical or technical effect in the food itself. | ||||
| 21:21:3.0.1.1.9.4.1.14 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | D | Subpart D—Certain Adjuvants and Production Aids | § 178.3505 Glyceryl tri-(12-acetoxystearate). | FDA | [50 FR 1503, Jan. 11, 1985] | Glyceryl tri-(12-acetoxystearate) (CAS Reg. No. 139-43-5) may be safely used as a component of articles intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food, subject to the provisions of this section. (a) The additive is applied to the surface of calcium carbonate at a level not to exceed 1 weight-percent of the total mixture. (b) The calcium carbonate/glyceryl tri-(12-acetoxystearate) mixture is used as an adjuvant in polymers in contact with nonfatty foods at a level not to exceed 20 weight-percent of the polymer. | |||
| 21:21:3.0.1.1.9.4.1.15 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | D | Subpart D—Certain Adjuvants and Production Aids | § 178.3520 Industrial starch-modified. | FDA | [42 FR 14609, Mar. 15, 1977, as amended at 42 FR 49453, Sept. 27, 1977] | Industrial starch-modified may be safely used as a component of articles intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food, subject to the provisions of this section. (a) Industrial starch-modified is identified as follows: (1) A food starch-modified or starch or any combination thereof that has been modified by treatment with one of the reactants hereinafter specified, in an amount reasonably required to achieve the desired functional effect but in no event in excess of any limitation prescribed, with or without subsequent treatment as authorized in § 172.892 of this chapter. (2) A starch irradiated under one of the following conditions to produce free radicals for subsequent graft polymerization with the reactants listed in this paragraph (a)(2): (i) Radiation from a sealed cobalt 60 source, maximum absorbed dose not to exceed 5.0 megarads. (ii) An electron beam source at a maximum energy of 7 million electron volts of ionizing radiation, maximum absorbed dose not to exceed 5.0 megarads. (b) The following adjuvants may be used as surface-active agents in the processing of industrial starch-modified: Polyethylene glycol (400) dilaurate. Polyethylene glycol (400) monolaurate. Polyoxyethylene (4) lauryl ether. Polyethylene glycol (400) dilaurate. Polyethylene glycol (400) monolaurate. Polyoxyethylene (4) lauryl ether. (c) To insure safe use of the industrial starch-modified, the label of the food additive container shall bear the name of the additive “industrial starch-modified,” and in the instance of an industrial starch-modified which is limited with respect to conditions of use, the label of the food additive container shall contain a statement of such limited use. | |||
| 21:21:3.0.1.1.9.4.1.16 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | D | Subpart D—Certain Adjuvants and Production Aids | § 178.3530 Isoparaffinic petroleum hydrocarbons, synthetic. | FDA | [42 FR 14609, Mar. 15, 1977, as amended at 47 FR 11847, Mar. 19, 1982; 49 FR 10112, Mar. 19, 1984] | Isoparaffinic petroleum hydrocarbons, synthetic, may be safely used in the production of nonfood articles intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food, subject to the provisions of this section. (a) The isoparaffinic petroleum hydrocarbons, produced by synthesis from petroleum gases consist of a mixture of liquid hydrocarbons meeting the following specifications: Boiling point 63°-260 °C, as determined by ASTM method D86-82, “Standard Method for Distillation of Petroleum Products,” which is incorporated by reference. Copies may be obtained from the American Society for Testing Materials, 100 Barr Harbor Dr., West Conshohocken, Philadelphia, PA 19428-2959, or may be examined at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Ultraviolet absorbance: 260-319 millimicrons—1.5 maximum. 320-329 millimicrons—0.08 maximum. 330-350 millimicrons—0.05 maximum. Nonvolatile residue 0.002 gram per 100 milliliters maximum. Synthetic isoparaffinic petroleum hydrocarbons containing antioxidants shall meet the specified ultraviolet absorbance limits after correction for any absorbance due to the antioxidants. The ultraviolet absorbance shall be determined by the procedure described for application to mineral oil under “Specifications” on page 66 of the “Journal of the Association of Official Agricultural Chemists,” Vol. 45 (February 1962), which is incorporated by reference, disregarding the last sentence of that procedure. For hydrocarbons boiling below 121 °C, the nonvolatile residue shall be determined by ASTM method D1353-78, “Standard Test Method for Nonvolatile Matter in Volatile Solvents for Use in Paint, Varnish, Lacquer, and Related Products;” for those boiling above 121 °C, ASTM procedure D381-80, “Standard Test Method for Existen… | |||
| 21:21:3.0.1.1.9.4.1.17 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | D | Subpart D—Certain Adjuvants and Production Aids | § 178.3570 Lubricants with incidental food contact. | FDA | [42 FR 14609, Mar. 15, 1977] | Lubricants with incidental food contact may be safely used on machinery used for producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food, subject to the provisions of this section: (a) The lubricants are prepared from one or more of the following substances: (1) Substances generally recognized as safe for use in food. (2) Substances used in accordance with the provisions of a prior sanction or approval. (3) Substances identified in this paragraph (a)(3). (b) The lubricants are used on food-processing equipment as a protective antirust film, as a release agent on gaskets or seals of tank closures, and as a lubricant for machine parts and equipment in locations in which there is exposure of the lubricated part to food. The amount used is the minimum required to accomplish the desired technical effect on the equipment, and the addition to food of any constituent identified in this section does not exceed the limitations prescribed. (c) Any substance employed in the production of the lubricants described in this section that is the subject of a regulation in parts 174, 175, 176, 177, 178 and § 179.45 of this chapter conforms with any specification in such regulation. | |||
| 21:21:3.0.1.1.9.4.1.18 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | D | Subpart D—Certain Adjuvants and Production Aids | § 178.3600 Methyl glucoside-coconut oil ester. | FDA | Methyl glucoside-coconut oil ester identified in § 172.816(a) of this chapter may be safely used as a processing aid (filter aid) in the manufacture of starch, including industrial starch-modified complying with § 178.3520, intended for use as a component of articles that contact food. | ||||
| 21:21:3.0.1.1.9.4.1.19 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | D | Subpart D—Certain Adjuvants and Production Aids | § 178.3610 α-Methylstyrene-vinyltoluene resins, hydrogenated. | FDA | [42 FR 14609, Mar. 15, 1977, as amended at 47 FR 11847, Mar. 19, 1982; 54 FR 24898, June 12, 1989] | Hydrogenated α-methylstyrene-vinyltoluene copolymer resins having a molar ratio of 1 α-methylstyrene to 3 vinyltoluene may be safely used as components of polyolefin film intended for use in contact with food, subject to the following provisions: (a) Hydrogenated α-methylstyrene-vinyltoluene copolymer resins have a drop-softening point of 125° to 165 °C and a maximum absorptivity of 0.17 liter per gram centimeter at 266 nanometers, as determined by methods titled “Determination of Softening Point (Drop Method)” and “Determination of Unsaturation of Resin 1977,” which are incorporated by reference. Copies are available from the Center for Food Safety and Applied Nutrition (HFS-200), Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, or available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (b) The polyolefin film is produced from olefin polymers complying with § 177.1520 of this chapter, and the average thickness of the film in the form in which it contacts food does not exceed 0.002 inch. | |||
| 21:21:3.0.1.1.9.4.1.2 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | D | Subpart D—Certain Adjuvants and Production Aids | § 178.3120 Animal glue. | FDA | Animal glue may be safely used as a component of articles intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food, subject to the provisions of this section. (a) Animal glue consists of the proteinaceous extractives obtained from hides, bones, and other collagen-rich substances of animal origin (excluding diseased or rotted animals), to which may be added other optional adjuvant substances required in its production or added to impart desired properties. (b) The quantity of any substance employed in the production of animal glue does not exceed the amount reasonably required to accomplish the intended physical or technical effect nor any limitation further provided. (c) Any substance employed in the production of animal glue and which is the subject of a regulation in parts 174, 175, 176, 177, 178 and § 179.45 of this chapter conforms with any specification in such regulation. (d) Optional adjuvant substances employed in the production of animal glue include: (1) Substances generally recognized as safe in food. (2) Substances subject to prior sanction or approval for use in animal glue and used in accordance with such sanction or approval. (3) Substances identified in this paragraph (d)(3) and subject to such limitations as are provided: (e) The conditions of use are as follows: (1) The use of animal glue in any substance or article that is the subject of a regulation in this subpart conforms with any specifications or limitations prescribed by such regulation for the finished form of the substance or article. (2) It is used as an adhesive or component of an adhesive in accordance with the provisions of § 175.105 of this chapter. (3) It is used as a colloidal flocculant added to the pulp suspension prior to the sheet-forming operation in the manufacture of paper and paperboard. (4) It is used as a protective colloid in resinous and polymeric emulsion coatings. | ||||
| 21:21:3.0.1.1.9.4.1.20 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | D | Subpart D—Certain Adjuvants and Production Aids | § 178.3620 Mineral oil. | FDA | [42 FR 14609, Mar. 15, 1977, as amended at 47 FR 11847, Mar. 19, 1982; 49 FR 10112, Mar. 19, 1984; 54 FR 24898, June 12, 1989] | Mineral oil may be safely used as a component of nonfood articles intended for use in contact with food, subject to the provisions of this section: (a) White mineral oil meeting the specifications prescribed in § 172.878 of this chapter may be used as a component of nonfood articles provided such use complies with any applicable limitations in parts 170 through 189 of this chapter. The use of white mineral oil in or on food itself, including the use of white mineral oil as a protective coating or release agent for food, is subject to the provisions of § 172.878 of this chapter. (b) Technical white mineral oil identified in paragraph (b)(1) of this section may be used as provided in paragraph (b)(2) of this section. (1) Technical white mineral oil consists of specially refined distillates of virgin petroleum or of specially refined distillates that are produced synthetically from petroleum gases. Technical white mineral oil meets the following specifications: (i) Saybolt color 20 minimum as determined by ASTM method D156-82, “Standard Test Method for Saybolt Color of Petroleum Products (Saybolt Chromometer Method),” which is incorporated by reference. Copies may be obtained from the American Society for Testing Materials, 100 Barr Harbor Dr., West Conshohocken, Philadelphia, PA 19428-2959, or may be examined at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (ii) Ultraviolet absorbance limits as follows: Technical white mineral oil containing antioxidants shall meet the specified ultraviolet absorbance limits after correction for any absorbance due to the antioxidants. The ultraviolet absorbance shall be determined by the procedure described for application to mineral oil under “Specification” on page 66 of the “Journal of the Association of Official Agricultural Chemists,” Volume 45 (February 1962) (which is incorporated… | |||
| 21:21:3.0.1.1.9.4.1.21 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | D | Subpart D—Certain Adjuvants and Production Aids | § 178.3650 Odorless light petroleum hydrocarbons. | FDA | Odorless light petroleum hydrocarbons may be safely used, as a component of nonfood articles intended for use in contact with food, in accordance with the following prescribed conditions: (a) The additive is a mixture of liquid hydrocarbons derived from petroleum or synthesized from petroleum gases. The additive is chiefly paraffinic, isoparaffinic, or naphthenic in nature. (b) The additive meets the following specifications: (1) Odor is faint and not kerosenic. (2) Initial boiling point is 300 °F minimum. (3) Final boiling point is 650 °F maximum. (4) Ultraviolet absorbance limits determined by method specified in § 178.3620(b)(1)(ii), as follows: (c) The additive is used as follows: | ||||
| 21:21:3.0.1.1.9.4.1.22 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | D | Subpart D—Certain Adjuvants and Production Aids | § 178.3690 Pentaerythritol adipate-stearate. | FDA | [45 FR 1018, Jan. 4, 1980, as amended at 47 FR 11848, Mar. 19, 1982; 49 FR 10112, Mar. 19, 1984; 54 FR 24898, June 12, 1989; 57 FR 18082, Apr. 29, 1992; 70 FR 40880, July 15, 2005; 70 FR 67651, Nov. 8, 2005] | Pentaerythritol adipate-stearate identified in paragraph (a) of this section may be safely used as a lubricant in the fabrication of rigid and semi-rigid polyvinyl chloride and/or vinyl chloride-propylene copolymers complying with § 177.1980 of this chapter used as articles or components of articles that contact food, excluding food with alcohol content greater than 8 percent under conditions of use of E, F, and G described in table 2 in § 175.300(d) of this chapter, subject to the provisions of this section. (a) Identity. For the purpose of this section, pentaerythritol adipate-stearate is an ester of pentaerythritol with adipic acid and stearic acid and its associated fatty acids (chiefly palmitic), with adipic acid comprising 14 percent and stearic acid and its associated acids (chiefly palmitic) comprising 71 percent of the organic moieties. (b) Specifications. Pentaerythritol adipate-stearate has the following specifications: (1) Melting point (dropping) of 55-58 °C as determined by ASTM method D566-76 (Reapproved 1982), “Standard Test Method for Dropping Point of Lubricating Grease,” which is incorporated by reference. Copies may be obtained from the American Society for Testing Materials, 100 Barr Harbor Dr., West Conshohocken, Philadelphia, PA 19428-2959, or may be examined at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (2) Acid value not to exceed 15 as determined by ASTM method D1386-78, “Standard Test Method for Saponification Number (Empirical) of Synthetic and Natural Waxes” (Revised 1978), which is incorporated by reference. Copies are available from American Society for Testing and Materials (ASTM), 100 Barr Harbor Dr., West Conshohocken, Philadelphia, PA 19428-2959, or available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this mat… | |||
| 21:21:3.0.1.1.9.4.1.23 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | D | Subpart D—Certain Adjuvants and Production Aids | § 178.3700 Petrolatum. | FDA | [42 FR 14609, Mar. 15, 1977, as amended at 49 FR 10113, Mar. 19, 1984; 55 FR 12172, Apr. 2, 1990] | Petrolatum may be safety used as a component of nonfood articles in contact with food, in accordance with the following conditions: (a) Petrolatum complies with the specifications set forth in the United States Pharmacopeia XX (1980) for white petrolatum or in the National Formulary XV (1980) for yellow petrolatum. (b) Petrolatum meets the following ultraviolet absorbance limits when subjected to the analytical procedure described in § 172.886(b) of this chapter: Ultraviolet absorbance per centimeter pathlength: (c) It is used or intended for use as a protective coating of the surfaces of metal or wood tanks used in fermentation process, in an amount not in excess of that required to produce its intended effect. (d) Petrolatum as defined by this section may be used for the functions described and within the limitations prescribed by specific regulations in parts 175, 176, 177, and 178 of this chapter which prescribe uses of petrolatum. For the purpose of cross-reference, such specific regulations include: §§ 175.105, 175.125, 175.300, 176.170, 176.200, 176.210, 177.2600, 177.2800, and 178.3570 of this chapter. (e) Petrolatum may contain any antioxidant permitted in food by regulations issued pursuant to section 409 of the act, in an amount not greater than that required to produce its intended effect. | |||
| 21:21:3.0.1.1.9.4.1.24 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | D | Subpart D—Certain Adjuvants and Production Aids | § 178.3710 Petroleum wax. | FDA | [42 FR 14609, Mar. 15, 1977, as amended at 51 FR 19545, May 30, 1986] | Petroleum wax may be safely used as a component of nonfood articles in contact with food, in accordance with the following conditions: (a) Petroleum wax is a mixture of solid hydrocarbons, paraffinic in nature, derived from petroleum, and refined to meet the specifications prescribed in this section. (b) The petroleum wax meets the following ultraviolet absorbance limits when subjected to the analytical procedure described in § 172.886(b) of this chapter. Ultraviolet absorbance per centimeter pathlength: (c) Petroleum wax may contain any antioxidant permitted in food by regulations issued in accordance with section 409 of the act, in an amount not greater than that required to produce its intended effect. (d) Petroleum wax may contain a total of not more than 1 weight percent of residues of the following polymers when such residues result from use of the polymers as processing aids (filter aids) in the production of the petroleum wax: Homopolymers and/or copolymers derived from one or more of the mixed n -alkyl (C 12 , C 14 , C 16 , and C 18 ) methacrylate esters where the C 12 and C 14 alkyl groups are derived from coconut oil and the C 16 and C 18 groups are derived from tallow. (e) Petroleum wax may contain 2-hydroxy-4- n -octoxybenzophenone as a stabilizer at a level not to exceed 0.01 weight percent of the petroleum wax. (f) Petroleum wax may contain poly(alkylacrylate) (CAS Reg. No. 27029-57-8), as described in § 172.886(c)(2) of this chapter, as a processing aid in the manufacture of petroleum wax. | |||
| 21:21:3.0.1.1.9.4.1.25 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | D | Subpart D—Certain Adjuvants and Production Aids | § 178.3720 Petroleum wax, synthetic. | FDA | Synthetic petroleum wax may be safely used in applications and under the same conditions where naturally derived petroleum wax is permitted in subchapter B of this chapter as a component of articles intended to contact food, provided that the synthetic petroleum wax meets the definition and specifications prescribed in § 172.888 of this chapter. | ||||
| 21:21:3.0.1.1.9.4.1.26 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | D | Subpart D—Certain Adjuvants and Production Aids | § 178.3725 Pigment dispersants. | FDA | [61 FR 43157, Aug. 21, 1996, as amended at 63 FR 35799, July 1, 1998; 64 FR 48292, Sept. 3, 1999; 64 FR 72273, Dec. 27, 1999; 65 FR 52909, Aug. 31, 2000] | Subject to the provisions of this regulation, the substances listed in this section may be safely used as pigment dispersants in food-contact materials. | |||
| 21:21:3.0.1.1.9.4.1.27 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | D | Subpart D—Certain Adjuvants and Production Aids | § 178.3730 Piperonyl butoxide and pyrethrins as components of bags. | FDA | [85 FR 72907, Nov. 16, 2020] | Piperonyl butoxide in combination with pyrethrins may be safely used for insect control on bags that are intended for use in contact with dried feed or dried food in compliance with 40 CFR 180.127 and 40 CFR 180.128. | |||
| 21:21:3.0.1.1.9.4.1.28 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | D | Subpart D—Certain Adjuvants and Production Aids | § 178.3740 Plasticizers in polymeric substances. | FDA | [42 FR 14609, Mar. 15, 1977, as amended at 42 FR 44223, Sept. 2, 1977; 45 FR 56052, Aug. 22, 1980; 48 FR 5748, Feb. 15, 1984; 49 FR 10113, Mar. 19, 1984; 51 FR 47011, Dec. 30, 1986; 87 FR 31089, May 20, 2022] | Subject to the provisions of this regulation, the substances listed in paragraph (b) of this section may be safely used as plasticizers in polymeric substances used in the manufacture of articles or components of articles intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food. (a) The quantity used shall not exceed the amount reasonably required to accomplish the intended technical effect. (b) List of substances: (c) The use of the plasticizers in any polymeric substance or article subject to any regulation in parts 174, 175, 176, 177, 178 and 179 of this chapter must comply with any specifications and limitations prescribed by such regulation for the finished form of the substance or article. | |||
| 21:21:3.0.1.1.9.4.1.29 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | D | Subpart D—Certain Adjuvants and Production Aids | § 178.3750 Polyethylene glycol (mean molecular weight 200-9,500). | FDA | Polyethylene glycol identified in this section may be safely used as a component of articles intended for use in contact with food, in accordance with the following prescribed conditions: (a) The additive is an addition polymer of ethylene oxide and water with a mean molecular weight of 200 to 9,500. (b) It contains no more than 0.2 percent total by weight of ethylene and diethylene glycols if its mean molecular weight is 350 or higher and no more than 0.5 percent total by weight of ethylene and diethylene glycols if its mean molecular weight is below 350, when tested by the analytical methods prescribed in § 172.820(b) of this chapter. (c) The provisions of paragraph (b) of this section are not applicable to polyethylene glycols used in food-packaging adhesives complying with § 175.105 of this chapter. | ||||
| 21:21:3.0.1.1.9.4.1.3 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | D | Subpart D—Certain Adjuvants and Production Aids | § 178.3125 Anticorrosive agents. | FDA | [50 FR 21835, May 29, 1985] | The substances listed in this section may be used as anticorrosive agents in food-contact materials subject to the provisions of this section: | |||
| 21:21:3.0.1.1.9.4.1.30 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | D | Subpart D—Certain Adjuvants and Production Aids | § 178.3760 Polyethylene glycol (400) monolaurate. | FDA | Polyethylene glycol (400) monolaurate containing not more than 0.1 percent by weight of ethylene and/or diethylene glycol may be used at a level not to exceed 0.3 percent by weight of twine as a finish on twine to be used for tying meat provided the twine fibers are produced from nylon resins complying with § 177.1500 of this chapter. | ||||
| 21:21:3.0.1.1.9.4.1.31 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | D | Subpart D—Certain Adjuvants and Production Aids | § 178.3770 Polyhydric alcohol esters of oxidatively refined (Gersthofen process) montan wax acids. | FDA | [42 FR 14609, Mar. 15, 1977, as amended at 47 FR 11848, Mar. 19, 1982; 49 FR 10113, Mar. 19, 1984; 51 FR 33895, Sept. 24, 1986; 54 FR 24898, June 12, 1989; 55 FR 28020, July 9, 1990; 58 FR 17512, Apr. 5, 1993; 69 FR 24512, May 4, 2004] | Polyhydric alcohol esters of oxidatively refined (Gersthofen process) montan wax acids identified in this section may be safely used as components of articles intended for use in contact with food in accordance with the following prescribed conditions: (a) The polyhydric alcohol esters identified in this paragraph may be used as lubricants in the fabrication of vinyl chloride plastic food-contact articles prepared from polyvinyl chloride and/or from vinyl chloride copolymers complying with § 177.1980 of this chapter. Such esters meet the following specifications and are produced by partial esterification of oxidatively refined (Gersthofen process) montan wax acids by either ethylene glycol or 1,3-butanediol with or without neutralization of unreacted carboxylic groups with calcium hydroxide: (1) Dropping point 76°-105 °C, as determined by ASTM method D566-76 (Reapproved 1982), “Standard Test Method for Dropping Point of Lubricating Grease,” which is incorporated by reference. Copies may be obtained from the American Society for Testing Materials, 100 Barr Harbor Dr., West Conshohocken, Philadelphia, PA 19428-2959, or may be examined at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (2) Acid value 10-20, as determined by ASTM method D1386-78 (“Standard Test Method for Acid Number (Empirical) of Synthetic and Natural Waxes” (Revised 1978), which is incorporated by reference; copies are available from American Society for Testing and Materials (ASTM), 100 Barr Harbor Dr., West Conshohocken, Philadelphia, PA 19428-2959, or available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. ) using as solvent xylene-ethyl alcohol in … | |||
| 21:21:3.0.1.1.9.4.1.32 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | D | Subpart D—Certain Adjuvants and Production Aids | § 178.3780 Polyhydric alcohol esters of long chain monobasic acids. | FDA | [42 FR 14609, Mar. 15, 1977, as amended at 47 FR 11849, Mar. 19, 1982; 54 FR 24899, June 12, 1989; 61 FR 14481, Apr. 2, 1996] | Polyhydric alcohol esters of long chain monobasic acids identified in this section may be safely used as lubricants in the fabrication of polyvinyl chloride and/or polyvinyl chloride copolymer articles complying with § 177.1980 of this chapter that contact food of Types I, II, IV-B, VI-B, VII-B, and VIII identified in table 1 in § 176.170(c) of this chapter under conditions of use E, F, and G described in table 2 in § 176.170(c) of this chapter, subject to the provisions of this section. (a) Identity. For the purpose of this section, polyhydric alcohol esters of long chain monobasic acids consist of polyhydric alcohol esters having number average molecular weights in the range of 1,050 to 1,700. The esters are produced by the reaction of either ethylene glycol or glycerol with long chain monobasic acids containing from 9 to 49 carbon atoms obtained by the ozonization of long chain alpha -olefins, the unreacted carboxylic acids in the formation of the glycerol esters being neutralized with calcium hydroxide to produce a composition having up to 2 percent by weight calcium. The alpha -olefins, obtained from the polymerization of ethylene, have 20 to 50 carbon atoms and contain a minimum of 75 percent by weight straight chain alpha -olefins and not more than 25 percent vinylidene compounds. (b) Specifications. The polyhydric alcohol esters have the following specifications: (1) Melting point of 60-80 °C for the ethylene glycol ester and 90-105 °C for the glycerol ester as determined by the Fisher Johns method as described in “Semimicro Qualitative Organic Analysis—The Systematic Identification of Organic Compounds,” by Cheronis and Entrikin, 2d Ed., Interscience Publishers, NY, which is incorporated by reference. Copies are available from the Center for Food Safety and Applied Nutrition (HFS-200), Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, or available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material … | |||
| 21:21:3.0.1.1.9.4.1.33 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | D | Subpart D—Certain Adjuvants and Production Aids | § 178.3790 Polymer modifiers in semirigid and rigid vinyl chloride plastics. | FDA | The polymers identified in paragraph (a) of this section may be safely admixed, alone or in mixture with other permitted polymers, as modifiers in semirigid and rigid vinyl chloride plastic food-contact articles prepared from vinyl chloride homopolymers and/or from vinyl chloride copolymers complying with § 177.1950, § 177.1970, and/or § 177.1980 of this chapter, in accordance with the following prescribed conditions: (a) For the purpose of this section, the polymer modifiers are identified as follows: (1) Acrylic polymers identified in this subparagraph provided that such polymers contain at least 50 weight-percent of polymer units derived from one or more of the monomers listed in paragraph (a)(1)(i) of this section. (i) Homopolymers and copolymers of the following monomers: n -Butyl acrylate. n -Butyl methacrylate. Ethyl acrylate. Methyl methacrylate. n -Butyl acrylate. n -Butyl methacrylate. Ethyl acrylate. Methyl methacrylate. (ii) Copolymers produced by copolymerizing one or more of the monomers listed in paragraph (a)(1)(i) of this section with one or more of the following monomers: Acrylonitrile. Butadiene. a -Methylstyrene. Styrene. Vinylidene chloride. Acrylonitrile. Butadiene. a -Methylstyrene. Styrene. Vinylidene chloride. (iii) Polymers identified in paragraphs (a)(1)(i) and (ii) of this section containing no more than 5 weight-percent of total polymer units derived by copolymerization with one or more of the following monomers: Acrylic acid. 1,3-Butylene glycol dimethacrylate. Divinylbenzene. Methacrylic acid. Acrylic acid. 1,3-Butylene glycol dimethacrylate. Divinylbenzene. Methacrylic acid. (iv) Mixtures of polymers identified in paragraph (a)(1)(i), (ii), and (iii) of this section; provided that no chemical reactions, other than addition reactions, occur when they are mixed. (2) Polymers identified in paragraph (a)(1) of this section combined during their polymerization with butadiene-styrene copolymers; provided that no chemical reactions, oth… | ||||
| 21:21:3.0.1.1.9.4.1.34 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | D | Subpart D—Certain Adjuvants and Production Aids | § 178.3800 Preservatives for wood. | FDA | Preservatives may be safely used on wooden articles that are used or intended for use in packaging, transporting, or holding raw agricultural products subject to the provisions of this section: (a) The preservatives are prepared from substances identified in paragraph (b) of this section and applied in amounts not to exceed those necessary to accomplish the technical effect of protecting the wood from decay, mildew, and water absorption. (b) The substances permitted are as follows: | ||||
| 21:21:3.0.1.1.9.4.1.35 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | D | Subpart D—Certain Adjuvants and Production Aids | § 178.3850 Reinforced wax. | FDA | [42 FR 14609, Mar. 15, 1977, as amended at 47 FR 1288, Jan. 12, 1982] | Reinforced wax may be safely used as an article or component of articles intended for use in producing, manufacturing, packing, processing, transporting, or holding food subject to the provisions of this section. (a) Reinforced wax consists of petroleum wax to which have been added certain optional substances required in its production, or added to impart desired physical or technical properties. (b) The quantity of any optional adjuvant substance employed in the production of or added to reinforced wax does not exceed the amount reasonably required to accomplish the intended physical or technical effect or any limitation provided in this section. (c) Any substance employed in the production of reinforced wax, including any optional substance, that is the subject of a regulation in parts 174, 175, 176, 177, 178 and § 179.45 of this chapter, conforms with any specification in such regulation. (d) The substances and optional adjuvant substances employed in the production of or added to reinforced wax include: (1) Substances generally recognized as safe in food. (2) Substances subject to prior sanction for use in reinforced wax and used in accordance with such sanction or approval. (3) Substances identified in this subparagraph and subject to any limitations provided therein: (e) Reinforced wax conforming with the specifications in this paragraph is used as provided in paragraph (e)(2) of this section. (1) The chloroform-soluble portion of the water extract obtained by exposing reinforced wax to demineralized water at 70 °F for 48 hours shall not exceed 0.5 milligram per square inch of food-contact surface. (2) It is used as a packaging material or component of packaging materials for cheese and cheese products. | |||
| 21:21:3.0.1.1.9.4.1.36 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | D | Subpart D—Certain Adjuvants and Production Aids | § 178.3860 Release agents. | FDA | [42 FR 14609, Mar. 15, 1977, as amended at 44 FR 69649, Dec. 4, 1979; 46 FR 51902, Oct. 23, 1981; 61 FR 25396, May 21, 1996; 61 FR 42381, Aug. 15, 1996] | Substances listed in paragraph (b) of this section may be safely used as release agents in petroleum wax complying with § 178.3710 and in polymeric resins that contact food, subject to the provisions of this section. (a) The quantity used shall not exceed the amount reasonably required to accomplish the intended technical effect or any limitations prescribed in this section. (b) Release agents: | |||
| 21:21:3.0.1.1.9.4.1.37 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | D | Subpart D—Certain Adjuvants and Production Aids | § 178.3870 Rosins and rosin derivatives. | FDA | [42 FR 14609, Mar. 15, 1977, as amended at 47 FR 11849, Mar. 19, 1982; 49 FR 10113, Mar. 19, 1984; 54 FR 24899, June 12, 1989] | The rosins and rosin derivatives identified in paragraph (a) of this section may safely be used in the manufacture of articles or components of articles intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food, subject to the provisions of this section. (a) The rosins and rosin derivatives are identified as follows: (1) Rosins: (i) Gum rosin, refined to color grade of K or paler. (ii) Wood rosin, refined to color grade of K or paler. (iii) Tall oil rosin, refined to color grade of K or paler. (iv) Dark tall oil rosin, a fraction resulting from the refining of tall oil rosin produced by multicolumnar distillation of crude tall oil to effect removal of fatty acids and pitch components and having a saponification number of from 110-135 and 32 percent-44 percent rosin acids. (v) Dark wood rosin, all or part of the residue after the volatile terpene oils are distilled from the oleoresin extracted from pine wood. (2) Modified rosins manufactured from rosins identified in paragraph (a)(1) of this section: (i) Partially hydrogenated rosin, catalytically hydrogenated to a maximum refractive index of 1.5012 at 100 °C, and a color of WG or paler. (ii) Fully hydrogenated rosin, catalytically hydrogenated to a maximum dehydroabietic acid content of 2 percent, a minimum drop-softening point of 79 °C, and a color of X or paler. (iii) Partially dimerized rosin, dimerized by sulfuric acid catalyst to a drop-softening point of 95°-105 °C and a color of WG or paler. (iv) Fully dimerized rosin, dimerized by sulfuric acid catalyst, and from which sufficient nondimerized rosin has been removed by distillation to achieve a minimum drop-softening point of 143 °C, and a color of H or paler. (v) Disproportionated rosin, catalytically disproportionated to a minimum dehydroabietic acid content of 35 percent, a maximum abietic acid content of 1 percent, a maximum content of substituted phenanthrenes (as retene) of 0.25 percent, and a color of WG or paler. (… | |||
| 21:21:3.0.1.1.9.4.1.38 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | D | Subpart D—Certain Adjuvants and Production Aids | § 178.3900 Sodium pentachlorophenate. | FDA | Sodium pentachlorophenate may be safely used as a preservative for ammonium alginate employed as a processing aid in the manufacture of polyvinyl chloride emulsion polymers intended for use as articles or components of articles that contact food at temperatures not to exceed room temperature. The quantity of sodium pentachlorophenate used shall not exceed 0.5 percent by weight of ammonium alginate solids. | ||||
| 21:21:3.0.1.1.9.4.1.39 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | D | Subpart D—Certain Adjuvants and Production Aids | § 178.3910 Surface lubricants used in the manufacture of metallic articles. | FDA | [42 FR 14609, Mar. 15, 1977, as amended at 48 FR 238, Jan. 4, 1983; 49 FR 10113, Mar. 19, 1984; 49 FR 29579, July 23, 1984; 50 FR 36874, Sept. 10, 1985; 52 FR 10223, Mar. 31, 1987; 54 FR 6124, Feb. 8, 1989; 54 FR 24899, June 12, 1989; 56 FR 55456, Oct. 28, 1991; 57 FR 23953, June 5, 1992; 58 FR 17513, Apr. 5, 1993; 64 FR 47110, Aug. 30, 1999; 69 FR 24512, May 4, 2004; 87 FR 31089, May 20, 2022] | The substances listed in this section may be safely used in surface lubricants employed in the manufacture of metallic articles that contact food, subject to the provisions of this section. (a) The following substances may be used in surface lubricants used in the rolling of metallic foil or sheet stock provided that total residual lubricant remaining on the metallic article in the form in which it contacts food does not exceed 0.015 milligram per square inch of metallic food-contact surface: (1) Substances identified in paragraphs (b)(1) and (2) of this section. (2) Substances identified in this paragraph. (3) Mineral oil conforming to the identity prescribed in § 178.3620(c). (4) Light petroleum hydrocarbons identified in paragraph (a)(4)(i) of this section: Provided, That the total residual lubricant on the metallic article in the form in which it contacts food meets the ultraviolet absorbance limits prescribed in paragraph (a)(4)(ii) of this section as determined by the analytical method described in paragraph (a)(4)(iii) of this section. (i) Light petroleum hydrocarbons are derived by distillation from virgin petroleum stocks or are synthesized from petroleum gases. They are chiefly paraffinic, isoparaffinic, napthenic, or aromatic in nature, and meet the following specifications: ( a ) Initial boiling point is 24 °C minimum and final boiling point is 288 °C maximum, as determined by ASTM method D86-82, “Standard Method for Distillation of Petroleum Products,” which is incorporated by reference. Copies may be obtained from the American Society for Testing Materials, 100 Barr Harbor Dr., West Conshohocken, Philadelphia, PA 19428-2959, or may be examined at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. ( b ) Nonvolatile residue is 0.005 gram per 100 milliliters, maximum, as determined by ASTM method D381-80, “St… | |||
| 21:21:3.0.1.1.9.4.1.4 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | D | Subpart D—Certain Adjuvants and Production Aids | § 178.3130 Antistatic and/or antifogging agents in food-packaging materials. | FDA | [42 FR 14609, Mar. 15, 1977, as amended at 45 FR 56797, Aug. 26, 1980; 45 FR 85727, Dec. 30, 1980; 46 FR 13688, Feb. 24, 1981; 47 FR 26824, June 22, 1982; 51 FR 28932, Aug. 13, 1986; 56 FR 41457, Aug. 21, 1991; 58 FR 57556, Oct. 26, 1993; 60 FR 54430, Oct. 24, 1995; 60 FR 18351, Apr. 11, 1995; 62 FR 31511, June 10, 1997; 63 FR 38748, July 20, 1998; 64 FR 62585, Nov. 17, 1999; 76 FR 59249, Sept. 26, 2011] | The substances listed in paragraph (b) of this section may be safely used as antistatic and/or antifogging agents in food-packaging materials, subject to the provisions of this section: (a) The quantity used shall not exceed the amount reasonably required to accomplish the intended technical effect. (b) List of substances: | |||
| 21:21:3.0.1.1.9.4.1.40 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | D | Subpart D—Certain Adjuvants and Production Aids | § 178.3930 Terpene resins. | FDA | The terpene resins identified in paragraph (a) of this section may be safely used as components of polypropylene film intended for use in contact with food, and the terpene resins identified in paragraph (b) of this section may be safely used as components of polyolefin film intended for use in contact with food; (a) Terpene resins consisting of the hydrogenated polymers of terpene hydrocarbons obtainable from sulfate turpentine and meeting the following specifications: Drop-softening point of 118°-138 °C; iodine value less than 20. (b) Terpene resins consisting of polymers of beta-pinene and meeting the following specifications: Acid value less than 1; saponification number less than 1; color less than 4 on the Gardner scale as measured in 50 percent mineral spirits solution. | ||||
| 21:21:3.0.1.1.9.4.1.41 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | D | Subpart D—Certain Adjuvants and Production Aids | § 178.3940 Tetraethylene glycol di-(2-ethylhexoate). | FDA | Tetraethylene glycol di-(2-ethylhexoate) containing not more than 22 parts per million ethylene and/or diethylene glycols may be used at a level not to exceed 0.7 percent by weight of twine as a finish on twine to be used for tying meat provided the twine fibers are produced from nylon resins complying with § 177.1500 of this chapter. | ||||
| 21:21:3.0.1.1.9.4.1.42 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | D | Subpart D—Certain Adjuvants and Production Aids | § 178.3950 Tetrahydrofuran. | FDA | Tetrahydrofuran may be safely used in the fabrication of articles intended for packaging, transporting, or storing foods, subject to the provisions of this section. (a) It is used as a solvent in the casting of film from a solution of polymeric resins of vinyl chloride, vinyl acetate, or vinylidene chloride that have been polymerized singly or copolymerized with one another in any combination, or it may be used as a solvent in the casting of film prepared from vinyl chloride copolymers complying with § 177.1980 of this chapter. (b) The residual amount of tetrahydrofuran in the film does not exceed 1.5 percent by weight of film. | ||||
| 21:21:3.0.1.1.9.4.1.5 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | D | Subpart D—Certain Adjuvants and Production Aids | § 178.3280 Castor oil, hydrogenated. | FDA | [42 FR 14609, Mar. 15, 1977, as amended at 55 FR 8914, Mar. 9, 1990] | Hydrogenated castor oil may be safely used in the manufacture of articles or components of articles intended for use in contact with food subject to the provisions of this section. (a) The quantity used shall not exceed the amount reasonably required to accomplish the intended technical effect. (b) The additive is used as follows: | |||
| 21:21:3.0.1.1.9.4.1.6 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | D | Subpart D—Certain Adjuvants and Production Aids | § 178.3290 Chromic chloride complexes. | FDA | Myristo chromic chloride complex and stearato chromic chloride complex may be safely used as release agents in the closure area of packaging containers intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food, subject to the provisions of this section: (a) The quantity used shall not exceed that reasonably required to accomplish the intended technical effect nor exceed 7 micrograms of chromium per square inch of closure area. (b) The packaging container which has its closure area treated with the release agent shall have a capacity of not less than 120 grams of food per square inch of such treated closure area. | ||||
| 21:21:3.0.1.1.9.4.1.7 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | D | Subpart D—Certain Adjuvants and Production Aids | § 178.3295 Clarifying agents for polymers. | FDA | [46 FR 59236, Dec. 4, 1981, as amended at 52 FR 30920, Aug. 18, 1987; 53 FR 30049, Aug. 10, 1988; 54 FR 12432, Mar. 27, 1989; 54 FR 14734, Apr. 12, 1989; 55 FR 52990, Dec. 26, 1990; 56 FR 1085, Jan. 11, 1991; 59 FR 13650, Mar. 23, 1994; 59 FR 25323, May 16, 1994; 61 FR 33847, July 1, 1996; 61 FR 51588, Oct. 3, 1996; 61 FR 65943, Dec. 16, 1996; 63 FR 56789, Oct. 23, 1998; 63 FR 68392, Dec. 11, 1998; 64 FR 26843, May 18, 1999; 65 FR 16316, Mar. 28, 2000] | Clarifying agents may be safely used in polymers that are articles or components of articles intended for use in contact with food, subject to the provisions of this section: | |||
| 21:21:3.0.1.1.9.4.1.8 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | D | Subpart D—Certain Adjuvants and Production Aids | § 178.3297 Colorants for polymers. | FDA | [48 FR 46775, Oct. 14, 1983] | The substances listed in paragraph (e) of this section may be safely used as colorants in the manufacture of articles or components of articles intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food, subject to the provisions and definitions set forth in this section: (a) The term colorant means a dye, pigment, or other substance that is used to impart color to or to alter the color of a food-contact material, but that does not migrate to food in amounts that will contribute to that food any color apparent to the naked eye. For the purpose of this section, the term “colorant” includes substances such as optical brighteners and fluorescent whiteners, which may not themselves be colored, but whose use is intended to affect the color of a food-contact material. (b) The colorant must be used in accordance with current good manufacturing practice, including use levels which are not in excess of those reasonably required to accomplish the intended coloring effect. (c) Colorants in this section must conform to the description and specifications indicated. If a polymer described in this section is itself the subject of a regulation promulgated under section 409 of the Federal Food, Drug, and Cosmetic Act, it shall also comply with any specifications and limitations prescribed by that regulation. Extraction testing guidelines to conduct studies for additional uses of colorants under this section are available from the Food and Drug Administration free of charge from the Food and Drug Administration, Center for Food Safety and Applied Nutrition, 5001 Campus Dr., College Park, MD 20740, 240-402-1200 (d) Color additives and their lakes listed for direct use in foods, under the provisions of the color additive regulations in parts 73, 74, 81, and 82 of this chapter, may also be used as colorants for food-contact polymers. (e) List of substances: | |||
| 21:21:3.0.1.1.9.4.1.9 | 21 | Food and Drugs | I | B | 178 | PART 178—INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND SANITIZERS | D | Subpart D—Certain Adjuvants and Production Aids | § 178.3300 Corrosion inhibitors used for steel or tinplate. | FDA | Corrosion inhibitors may be safely used for steel or tinplate intended for use in, or to be fabricated as, food containers or food-processing or handling equipment, subject to the provisions of this section. (a) The corrosion inhibitors are prepared from substances identified in this section and used subject to the limitations prescribed. (b) The following corrosion inhibitors or adjuvants are used in amounts not to exceed those reasonably required to accomplish the intended physical or technical effect: (1) Corrosion inhibitors (active ingredients) used in packaging materials for the packaging of steel or tinplate or articles fabricated therefrom: (2) Adjuvants employed in the application and use of corrosion inhibitors: | ||||
| 40:40:26.0.1.1.25.1.19.1 | 40 | Protection of Environment | I | E | 178 | PART 178—OBJECTIONS AND REQUESTS FOR HEARINGS | A | Subpart A—General Provisions | § 178.3 Definitions. | EPA | [55 FR 50291, Dec. 5, 1990, as amended at 57 FR 28087, June 24, 1992; 77 FR 46292, Aug. 3, 2012] | For the purposes of this part: Administrator means the Administrator of the Agency, or any officer or employee of the Agency to whom the Administrator delegates the authority to perform functions under this part. Agency means the United States Environmental Protection Agency. Assistant Administrator means the Agency's Assistant Administrator for Chemical Safety and Pollution Prevention, or any officer or employee of the Agency's Office of Chemical Safety and Pollution Prevention to whom the Assistant Administrator delegates the authority to perform functions under this part. FFDCA means the Federal Food, Drug, and Cosmetic Act, as amended, 21 U.S.C. 301-392. | |||
| 40:40:26.0.1.1.25.2.19.1 | 40 | Protection of Environment | I | E | 178 | PART 178—OBJECTIONS AND REQUESTS FOR HEARINGS | B | Subpart B—Procedures for Filing Objections and Requests for Hearing | § 178.20 Right to submit objections and requests for a hearing. | EPA | [55 FR 50291, Dec. 5, 1990, as amended at 70 FR 33359, June 8, 2005] | (a) On or before the 60th day after the date of publication in the Federal Register of an order under part 180 of this chapter establishing, modifying, or revoking a regulation, or denying all or any portion of a petition, a person adversely affected by such order or petition denial may submit, in accordance with § 178.25, one or more written objections to the order (or to the action that is the subject of the order). (b) A person may include with any such objection a written request for an evidentiary hearing on such objection in accordance with § 178.27 (c) A person who submits objections need not request a hearing. For instance, if the person's objections are of a purely legal or policy nature, a hearing request would be inappropriate; the purpose of an evidentiary hearing is to resolve factual disputes. The Administrator will rule on the objections, whether or not a hearing is requested. (d) As a matter of discretion, the Administrator may order a hearing on an objection even though no person has requested a hearing. | |||
| 40:40:26.0.1.1.25.2.19.2 | 40 | Protection of Environment | I | E | 178 | PART 178—OBJECTIONS AND REQUESTS FOR HEARINGS | B | Subpart B—Procedures for Filing Objections and Requests for Hearing | § 178.25 Form and manner of submission of objections. | EPA | [55 FR 50291, Dec. 5, 1990, as amended at 69 FR 39864, July 1, 2004; 70 FR 33359, June 8, 2005; 71 FR 35546, June 21, 2006] | (a) To be considered by the Administrator, an objection must: (1) Be in writing. (2) Specify with particularity the provision(s) of the order, regulation, or denial objected to, the basis for the objection(s), and the relief sought. (3) Be signed by the objector. (4) State the objector's name and mailing address. (5) Be accompanied by the fee prescribed by § 180.33(i) of this chapter, if the objection is to an order or regulation issued under part 180 of this chapter. (6) Be submitted to the hearing clerk. (7) Be received by the Hearing Clerk not later than the close of business of the 60th day following the date of the publication in the Federal Register of the order to which the objection is taken (or, if such 60th day is a Saturday, Sunday, or Federal holiday, not later than the close of business of the next government business day after such 60th day). (b) Submissions to the hearing clerk shall be made as follows: (1) Mailed submissions should be addressed to: Office of the Hearing Clerk (1900L), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. (2) For hand/courier delivery the Office of the Hearing Clerk is located at Suite 350, 1099 14 th St., NW., Washington, DC 20005. | |||
| 40:40:26.0.1.1.25.2.19.3 | 40 | Protection of Environment | I | E | 178 | PART 178—OBJECTIONS AND REQUESTS FOR HEARINGS | B | Subpart B—Procedures for Filing Objections and Requests for Hearing | § 178.27 Form and manner of submission of request for evidentiary hearing. | EPA | To be considered by the Administrator, a request for an evidentiary hearing must meet the criteria in § 178.32, and must: (a) Be submitted as a part of, and specifically request an evidentiary hearing on an objection that complies with the requirements of § 178.25. (b) Include a statement of the factual issue(s) on which a hearing is requested and the requestor's contentions on each such issue. (c) Include a copy of any report, article, survey, or other written document (or the pertinent pages thereof) upon which the objector relies to justify an evidentiary hearing, unless the document is an EPA document that is routinely available to any member of the public. (d) Include a summary of any evidence not described in paragraph (a)(3) of this section upon which the objector relies to justify an evidentiary hearing. (e) Include a discussion of the relationship between the factual issues and the relief requested by the objection. | ||||
| 40:40:26.0.1.1.25.2.19.4 | 40 | Protection of Environment | I | E | 178 | PART 178—OBJECTIONS AND REQUESTS FOR HEARINGS | B | Subpart B—Procedures for Filing Objections and Requests for Hearing | § 178.30 Response by Administrator to objections and to requests for hearing. | EPA | The Administrator will respond to objections, and to requests for a hearing on such objections, as set forth in this section. (a) Denial of objections that are improperly submitted or that seek an unavailable form of relief. The Administrator will by order issued under § 178.37 deny each objection and each request for a hearing that is included with such an objection, if: (1) The objection is found not to conform to § 178.25. (2) The action requested by the objection is inconsistent with any provision of FFDCA. (3) The action requested by the objection is inconsistent with any generic, e.g., non-chemical specific, interpretation of a provision of FFDCA in any regulation in this chapter (the proper procedure in such a case is for the person to petition for an amendment of the regulation involved). (b) Denial of improperly submitted requests for hearing. The Administrator will then determine whether any objection that has not been denied under paragraph (a) of this section was accompanied by a request for an evidentiary hearing that conforms to § 178.27. The Administrator will deny under § 178.37 each request that does not conform to § 178.27. (c) Grouping of certain related objections. If the Administrator then finds (1) That two or more undenied objections are substantially similar, or are related in such a way that any judicial review of the Administrator's action on those objections should occur at the same time, and (2) that one or more of those objections was accompanied by an undenied request for an evidentiary hearing on that objection, the Administrator will treat those objections as a group and will rule on them only after ruling under § 178.32 on the associated request for hearing. (d) Rulings on objections for which a request for hearing has been granted. If the Administrator rules under § 178.32 that an evidentiary hearing should be held on an objection, the Administrator will resolve the issues raised by any other objection grouped with it under paragraph (c) of this section in conjunct… | ||||
| 40:40:26.0.1.1.25.2.19.5 | 40 | Protection of Environment | I | E | 178 | PART 178—OBJECTIONS AND REQUESTS FOR HEARINGS | B | Subpart B—Procedures for Filing Objections and Requests for Hearing | § 178.32 Rulings on requests for hearing. | EPA | (a) In the case of each request for an evidentiary hearing that was not denied under § 178.30(a) or (b), the Administrator will determine whether such a hearing on one or more of the objections is justified, and will publish in the Federal Register the determination in an order issued under § 178.37 or a Notice of Hearing issued under § 179.20 of this chapter. If some requests for a hearing are denied and others pertaining to the same order or regulation are granted, the denial order and the hearing notice may be combined into a single document and shall be issued at the same time unless the Administrator for good cause determines otherwise. (b) A request for an evidentiary hearing will be granted if the Administrator determines that the material submitted shows the following: (1) There is a genuine and substantial issue of fact for resolution at a hearing. An evidentiary hearing will not be granted on issues of policy or law. (2) There is a reasonable possibility that available evidence identified by the requestor would, if established, resolve one or more of such issues in favor of the requestor, taking into account uncontested claims or facts to the contrary. An evidentiary hearing will not be granted on the basis of mere allegations, denials, or general descriptions of positions and contentions, nor if the Administrator concludes that the data and information submitted, even if accurate, would be insufficient to justify the factual determination urged. (3) Resolution of the factual issue(s) in the manner sought by the person requesting the hearing would be adequate to justify the action requested. An evidentiary hearing will not be granted on factual issues that are not determinative with respect to the action requested. For example, a hearing will not be granted if the Administrator concludes that the action would be the same even if the factual issue were resolved in the manner sought. (c) Where appropriate, the Administrator will make rulings on any issues raised by an objection which are necessary … | ||||
| 40:40:26.0.1.1.25.2.19.6 | 40 | Protection of Environment | I | E | 178 | PART 178—OBJECTIONS AND REQUESTS FOR HEARINGS | B | Subpart B—Procedures for Filing Objections and Requests for Hearing | § 178.35 Modification or revocation of regulation or prior order. | EPA | [55 FR 50291, Dec. 5, 1990, as amended at 70 FR 33359, June 8, 2005] | (a) If the Administrator determines upon review of an objection or request for hearing that the regulation or prior order in question should be modified or revoked, the Administrator will publish an order setting forth any revision to the regulation or prior order that the Administrator has found to be warranted. (b) The Administrator will provide an opportunity for objections and requests for hearing on such order to the extent required by law. Such objections to the modification or revocation of the regulation, and requests for a hearing on such objections, may be submitted under §§ 178.20 through 178.27. (c) Objections and requests for hearing that are not affected by the modification or revocation will remain on file and be acted upon in accordance with this part. | |||
| 40:40:26.0.1.1.25.2.19.7 | 40 | Protection of Environment | I | E | 178 | PART 178—OBJECTIONS AND REQUESTS FOR HEARINGS | B | Subpart B—Procedures for Filing Objections and Requests for Hearing | § 178.37 Order responding to objections on which a hearing was not requested or was denied. | EPA | [55 FR 50291, Dec. 5, 1990, as amended at 70 FR 33359, June 8, 2005] | (a) The Administrator will publish in the Federal Register an order under FFDCA section 408(g)(2)(B) or section 408(g)(2)(C) setting forth the Administrator's determination on each denial of a request for a hearing, and on each objection submitted under § 178.20 on which: (1) A hearing was not requested. (2) A hearing was requested, but denied. (b) Each order published under paragraph (a) of this section must state the reasons for the Administrator's determination. If the order denies a request for a hearing on the objection, the order also must state the reason for that denial (e.g., why the request for a hearing did not conform to § 178.27, or why the request was denied under § 178.32). (c) Each order published under paragraph (a) of this section must state its effective date. | |||
| 40:40:26.0.1.1.25.4.19.1 | 40 | Protection of Environment | I | E | 178 | PART 178—OBJECTIONS AND REQUESTS FOR HEARINGS | D | Subpart D—Judicial Review | § 178.65 Judicial review. | EPA | [70 FR 33359, June 8, 2005] | An order issued under § 178.37 is final agency action reviewable in the courts as provided by FFDCA section 408(h), as of the date of publication of the order in the Federal Register. The failure to file a petition for judicial review within the period ending on the 60th day after the date of the publication of the order constitutes a waiver under FFDCA section 408(h) of the right to judicial review of the order and of any regulation promulgated by the order. | |||
| 40:40:26.0.1.1.25.4.19.2 | 40 | Protection of Environment | I | E | 178 | PART 178—OBJECTIONS AND REQUESTS FOR HEARINGS | D | Subpart D—Judicial Review | § 178.70 Administrative record. | EPA | [55 FR 50291, Dec. 5, 1990, as amended at 70 FR 33359, June 8, 2005] | (a) For purposes of judicial review, the record of an administrative proceeding that culminates in an order under § 178.37 consists of: (1) The objection ruled on (and any request for hearing that was included with the objection). (2) Any order issued under § 180.7(g) of this chapter to which the objection related, and: (i) Any regulation or petition denial that was the subject of that order. (ii) The petition to which such order responded. (iii) Any amendment or supplement of the petition. (iv) The data and information submitted in support of the petition. (v) The notice of filing of the petition. (3) Any order issued under § 180.29(f) of this chapter to which the objection related, the regulation that was the subject of that order, and each related Notice of Proposed Rulemaking. (4) Any comments submitted by members of the public in response to the Notice of Filing or Notice of Proposed Rulemaking, any data or information submitted as part of the comments, the Administrator's response to comments and the documents or information relied on by the Administrator in issuing the regulation or order. (5) All other documents or information submitted to the docket for the rulemaking in question. (6) The order issued under § 178.37. (b) The record will be closed as of the date of the Administrator's decision unless another date for closing of the record is specified in the order issued under § 178.37. | |||
| 46:46:7.0.1.3.13.1.63.1 | 46 | Shipping | I | T | 178 | PART 178—INTACT STABILITY AND SEAWORTHINESS | A | Subpart A—General Provisions | § 178.115 Applicability to existing vessels. | USCG | [CGD 85-080, 61 FR 966, Jan. 10, 1996, as amended by USCG-2007-0030, 75 FR 78087, Dec. 14, 2010] | Except where specifically stated otherwise, an existing vessel must comply with the intact stability and seaworthiness regulations which were applicable to the vessel on March 10, 1996, or, as an alternative, the vessel may comply with the regulations in this part. | |||
| 46:46:7.0.1.3.13.2.63.1 | 46 | Shipping | I | T | 178 | PART 178—INTACT STABILITY AND SEAWORTHINESS | B | Subpart B—Stability Instructions for Operating Personnel | § 178.210 Stability information. | USCG | [CGD 85-080, 61 FR 966, Jan. 10, 1996, as amended by USCG-2007-0030, 75 FR 78087, Dec. 14, 2010] | (a) Stability information (stability details indicated on the Certificate of Inspection, a stability letter, or a stability booklet), is required on certain vessels by paragraphs (b), (c), or (d) of this section. Enough stability information, including stability calculations and assumptions made to use them, must be provided to allow the master to be able to determine operating guidelines, loading restrictions, and ensure compliance with the applicable intact and damage stability regulations of this chapter. (b) A vessel which, under § 178.310 of this part, complies with requirements in subchapter S of this chapter, must have stability details on the vessel's Certificate of Inspection, a stability letter issued by the cognizant Officer in Charge, Marine Inspection (OCMI) or the Commanding Officer, Marine Safety Center, or an approved stability booklet. The form in which the stability information must be contained ( i.e. , stability details on the Certificate of Inspection, a stability letter, or a stability booklet) will be determined by the Commanding Officer, Marine Safety Center. (c) When necessary for safe operation, the cognizant OCMI may place specific stability restrictions in a stability letter or on the Certificate of Inspection of a vessel not more than 65 feet (19.8 meters) in length, which, under § 178.310 of this part, complies with the requirements of § 178.320 of this part. (d) Each pontoon vessel must have a stability letter and each stability letter issued after March 14, 2011 must be issued by the Commanding Officer, Marine Safety Center. | |||
| 46:46:7.0.1.3.13.2.63.2 | 46 | Shipping | I | T | 178 | PART 178—INTACT STABILITY AND SEAWORTHINESS | B | Subpart B—Stability Instructions for Operating Personnel | § 178.215 Weight of passengers and crew. | USCG | [USCG-2007-0030, 75 FR 78087, Dec. 14, 2010] | (a) This section applies to each vessel, regardless of when constructed, for which stability information is based on the results of a simplified stability proof test. (b) Except as provided in paragraph (c) of this section, and if not provided in the stability information required, the owner of each vessel must provide the master with the total test weight used in the simplified stability proof test and the number of passengers and crew included in the total test weight. Owners and masters must use a total weight of passengers and crew carried that is based upon an assumed weight per person, which is determined in accordance with § 170.090 of this chapter. (c) The information specified in paragraph (b) of this section need not be provided if the owner attests that the vessel complies with applicable intact stability requirements when carrying the number of passengers and crew permitted by the Certificate of Inspection with an assumed weight per person determined in accordance with § 170.090 of this chapter. | |||
| 46:46:7.0.1.3.13.2.63.3 | 46 | Shipping | I | T | 178 | PART 178—INTACT STABILITY AND SEAWORTHINESS | B | Subpart B—Stability Instructions for Operating Personnel | § 178.220 Stability booklet. | USCG | When the Commanding Officer, Marine Safety Center determines, in accordance with § 178.210(b), that a vessel must have a stability booklet, the owner or operator must prepare the booklet in accordance with subchapter S of this chapter, and submit it to the Commanding Officer, Marine Safety Center. | ||||
| 46:46:7.0.1.3.13.2.63.4 | 46 | Shipping | I | T | 178 | PART 178—INTACT STABILITY AND SEAWORTHINESS | B | Subpart B—Stability Instructions for Operating Personnel | § 178.230 Stability letter or Certificate of Inspection stability details. | USCG | [CGD 85-080, 61 FR 966, Jan. 10, 1996, as amended by USCG-2007-0030, 75 FR 78087, Dec. 14, 2010] | (a) When the cognizant OCMI or the Commanding Officer, Marine Safety Center determines, in accordance with § 178.210, that a vessel must have stability details indicated on its Certificate of Inspection or a stability letter, the owner or operator must submit the information listed in paragraph (b) of this section: (1) If § 178.210(c) is applicable, to the OCMI for approval; or (2) If § 178.210(b) is applicable, to the Commanding Officer, Marine Safety Center for approval. (b) If § 178.210(b) of this part applies, the applicable information described in subpart C of part 170 of this title, and the calculations used to determine that information, must be submitted in addition to the applicable information listed in paragraph (b) of this section. (1) Allowable weight and number of passengers and crew on each deck; (2) Deepest waterline drafts or freeboard; (3) Location of watertight bulkheads and openings in watertight bulkheads; (4) Explanation of the vessel's subdivision and specific identification of the vessel's subdivision bulkheads; (5) Location of openings through watertight bulkheads, such as watertight doors, which must be closed to limit flooding in an emergency; (6) Location, type and amount of fixed ballast; (7) Location and details of foam flotation material; and (8) Maximum weight of portable equipment permitted on the vessel including diving equipment. (c) If § 178.210(c) of this part applies, the allowable weight and number of passengers and crew on each deck, and the necessary calculations used to determine that information, must be submitted in accordance with paragraph (a) of this section. | |||
| 46:46:7.0.1.3.13.3.63.1 | 46 | Shipping | I | T | 178 | PART 178—INTACT STABILITY AND SEAWORTHINESS | C | Subpart C—Intact Stability Standards | § 178.310 Intact stability requirements—general. | USCG | [USCG-2007-0030, 75 FR 78088, Dec. 14, 2010] | (a) Except as provided in paragraph (c) of this section, each vessel must, in each condition of loading and operation, comply with the applicable requirements of— (1) Part 170 of this chapter, except subparts G and H; and (2) Part 171 of this chapter, subparts A and B. (b) Sailing vessels must meet the appropriate requirements of § 171.055 or § 171.057 in subchapter S in this chapter while under sail, as well as the requirements of § 170.170 in subchapter S in this chapter while under bare poles (if an auxiliary sailing vessel as defined in § 170.055(a) of this chapter) and with storm sails set and trimmed flat (if a sailing vessel as defined in § 170.055(n) of this chapter). (c) As an alternative to meeting the requirements of paragraphs (a) and (b) of this section, a vessel may demonstrate compliance with an appropriate standard set forth in either § 178.320 of this part for non-sailing vessels or § 178.325 of this part for monohull sailing vessels if all of the following criteria are satisfied: (1) The length is not more than 19.8 meters (65 feet) in length; (2) The vessel does not carry more than 12 passengers on an international voyage; (3) The vessel either does not have more than one deck above the bulkhead deck or, if without a bulkhead deck, does not have more than one deck above the deck from which freeboard is measured excluding a pilot house; and (4) The vessel's stability has not been questioned by the cognizant Officer in Charge, Marine Inspection (OCMI). (d) In lieu of the requirements in paragraphs (a) through (c) of this section, a vessel may meet another stability standard approved by the Commanding Officer, Marine Safety Center. | |||
| 46:46:7.0.1.3.13.3.63.2 | 46 | Shipping | I | T | 178 | PART 178—INTACT STABILITY AND SEAWORTHINESS | C | Subpart C—Intact Stability Standards | § 178.320 Intact stability requirements—non-sailing vessels. | USCG | [USCG-2007-0030, 75 FR 78088, Dec. 14, 2010] | (a) As permitted by § 178.310(c) of this part, the following vessels may undergo the simplified stability proof test detailed in § 178.330 of this part, in the presence of a Coast Guard marine inspector, if they do not have tumblehome at the deck, measured amidships, that exceeds 2 percent of the beam: (1) Monohull vessels; and (2) Flush deck catamaran vessels which are not pontoon vessels and carry not more than 49 passengers. (b) As permitted by § 178.310(c) of this part, a self-propelled pontoon vessel may undergo the pontoon simplified stability proof test detailed in § 178.340 of this part, in the presence of a Coast Guard marine inspector, if it satisfies all of the following requirements: (1) The vessel carries not more than 49 passengers and does not make international voyages; (2) The vessel operates on Protected Waters only; (3) The vessel is constructed with only one deck; (4) The buoyant hull volume consists of two symmetric, fully enclosed hulls; (5) The cross section of each hull is circular or of wall-sided construction without tumblehome, and constant for at least 90 percent of the length of the hull; (6) The hulls contain no machinery or tanks; (7) The portion of the deck accessible to passengers does not extend beyond— (i) The outboard edge of the hulls, and (ii) The forward or the aft end of the hulls; (8) There is no deck more than 0.15 meters (6 inches) above any point on any of the buoyant hulls; (9) The distance between the centerlines of the hulls is not less than 1.83 meters (6 feet); and (10) Each hull has a beam or diameter, as applicable, of not less than 0.61 meters (2 feet). (c) For a vessel that carries not more than 49 passengers, carries no deck cargo, and is otherwise eligible to undergo the simplified stability proof test detailed in § 178.330 or § 178.340 of this part, the authority issuing the stability letter may— (1) Dispense with the requirements of the simplified stability proof test in § 178.330 or § 178.340 of this part when the vessel's stability can be… | |||
| 46:46:7.0.1.3.13.3.63.3 | 46 | Shipping | I | T | 178 | PART 178—INTACT STABILITY AND SEAWORTHINESS | C | Subpart C—Intact Stability Standards | § 178.325 Intact stability requirements—monohull sailing vessels. | USCG | [USCG-2007-0030, 75 FR 78088, Dec. 14, 2010] | (a) As permitted by § 178.310(c) of this part, a monohull sailing vessel may demonstrate compliance with paragraphs (b) or (c) of this section if it satisfies all of the following requirements: (1) It does not operate on exposed waters; (2) It only operates during the daylight hours; (3) It is of the usual type, rig, and hull form, excluding vessels without a weathertight deck, such as open boats; (4) It carries not more than 49 passengers; (5) It is not a sailing school vessel that carries a combined total of six or more sailing school students and instructors; (6) Its minimum downflooding angle is greater than 60 degrees; (7) It does not have a cockpit greater than 20 percent of the Length Over Deck; and (8) If equipped with a cockpit and operating on Partially Protected Waters, the cockpit must be self-bailing. (b) The vessel may undergo the simplified stability proof test detailed in § 178.330 of this part, in the presence of a Coast Guard marine inspector, if it does not have tumblehome at the deck, measured amidships, that exceeds 2 percent of the beam. (c) The cognizant Officer in Charge, Marine Inspection (OCMI) may perform operational tests to determine whether the vessel has adequate stability and satisfactory handling characteristics under sail for protected waters or partially protected waters. (d) The Commanding Officer, Marine Safety Center, may prescribe additional or different stability requirements for a broad, shallow draft vessel with little or no ballast outside the hull. | |||
| 46:46:7.0.1.3.13.3.63.4 | 46 | Shipping | I | T | 178 | PART 178—INTACT STABILITY AND SEAWORTHINESS | C | Subpart C—Intact Stability Standards | § 178.330 Simplified stability proof test (SST). | USCG | [CGD 85-080, 61 FR 966, Jan. 10, 1996; 61 FR 20557, May 7, 1996, as amended at 62 FR 51356, Sept. 30, 1997; 62 FR 64306, Dec. 5, 1997; USCG-2007-0030, 75 FR 78088, Dec. 14, 2010] | (a) A vessel must be in the condition specified in this paragraph when a simplified stability proof test is performed. (1) The construction of the vessel is complete in all respects. (2) Ballast, if necessary, is in compliance with § 178.510 of this part and is on board and in place. (3) Each fuel and water tank is approximately three-quarters full. Any sewage tank should be either empty or full. (4) A weight equal to the total weight of all passengers, crew, and variable loads permitted on the vessel is on board and distributed so as to provide normal operating trim and to simulate the vertical center of gravity, causing the least stable condition that is likely to occur in service. The assumed weight per person of passengers and crew must be representative of the passengers and crew on board the vessel while engaged in the service intended. Unless the cognizant Officer in Charge, Marine Inspection (OCMI) permits or requires the use of other values in writing, weight and vertical center of gravity are to be assumed as follows: (i) The weight of primary lifesaving equipment should be simulated at its normal location, if not on board at the time of the test. (ii) The assumed weight per person is determined as provided by § 170.090 of this chapter. (iii) The weight and associated vertical center of gravity of variable loads must be included as appropriate for the service intended and documented in the stability information required by subpart B of this part. (iv) The vertical center for the total test weight must be at least 30 inches (760 millimeters) above the deck for seated passengers, and at least 39 inches (1.0 meter) above the deck for standing passengers. (v) If the vessel carries passengers on diving excursions, the total weight of diving gear must be included in the loaded condition and placed in its stowed position. Not less than 80 pounds (36.3 kilograms) should be assumed for each person for whom diving gear is provided. (vi) On vessels having one upper deck available to passengers above the … | |||
| 46:46:7.0.1.3.13.3.63.5 | 46 | Shipping | I | T | 178 | PART 178—INTACT STABILITY AND SEAWORTHINESS | C | Subpart C—Intact Stability Standards | § 178.340 Stability standards for pontoon vessels on protected waters. | USCG | [USCG-2007-0030, 75 FR 78089, Dec. 14, 2010] | (a) A pontoon vessel meeting the applicability requirements of § 178.320 of this part must be in the condition described in § 178.330(a) of this part when the PSST is performed, except that fuel, water and sewage tanks should either be empty or filled to 100 percent capacity, whichever is more conservative. (b) A pontoon vessel must not exceed the limitations in paragraph (c) of this section when subjected to the greater of the following heeling moments: M pc = [(W)(B p −K)]/2; or M w = (P) (A) (H) Where: M pc = passenger and crew heeling moment in foot-pounds (kilogram-meters); W = the total weight of passengers and crew aboard (total test weight) in pounds (kilograms); B p = the maximum transverse distance of the deck accessible to passengers in feet (meters); K = 2.0 feet (0.61 meters); M w = Wind heeling moment in foot-pounds (kilogram-meters) P = Wind pressure of 7.5 pounds/square foot (36.6 kilograms/square meter); A = Area, in square feet (square meters), of the projected lateral surface of the vessel above the waterline (including each projected area of the pontoons, superstructure and area bounded by railings and structural canopies); and H = Height, in feet (meters), of the center of area (A) above the waterline, measured up from the waterline. Where: M pc = passenger and crew heeling moment in foot-pounds (kilogram-meters); W = the total weight of passengers and crew aboard (total test weight) in pounds (kilograms); B p = the maximum transverse distance of the deck accessible to passengers in feet (meters); K = 2.0 feet (0.61 meters); M w = Wind heeling moment in foot-pounds (kilogram-meters) P = Wind pressure of 7.5 pounds/square foot (36.6 kilograms/square meter); A = Area, in square feet (square meters), of the projected lateral surface of the vessel above the waterline (including each projected area of the pontoons, superstructure and area bounded by railings and structural canopies); and H = Height, in feet (meters), of the center of area (A) above the … | |||
| 46:46:7.0.1.3.13.4.63.1 | 46 | Shipping | I | T | 178 | PART 178—INTACT STABILITY AND SEAWORTHINESS | D | Subpart D—Drainage of Weather Decks | § 178.410 Drainage of flush deck vessels. | USCG | [CGD 85-080, 61 FR 966, Jan. 10, 1996, as amended at 62 FR 51357, Sept. 30, 1997] | (a) Except as provided in paragraph (b) of this section, the weather deck on a flush deck vessel must be watertight and have no obstruction to overboard drainage. (b) Each flush deck vessel may have solid bulwarks in the forward one-third length of the vessel if: (1) The bulwarks do not form a well enclosed on all sides; and (2) The foredeck of the vessel has sufficient sheer to ensure drainage aft. | |||
| 46:46:7.0.1.3.13.4.63.2 | 46 | Shipping | I | T | 178 | PART 178—INTACT STABILITY AND SEAWORTHINESS | D | Subpart D—Drainage of Weather Decks | § 178.420 Drainage of cockpit vessels. | USCG | (a) Except as follows, the cockpit on a cockpit vessel may be watertight: (1) A cockpit may have companionways if the companionway openings have watertight doors, or weathertight doors and coamings which meet § 179.360 of this subchapter. (2) A cockpit may have ventilation openings along its inner periphery if the vessel operates only on protected or partially protected waters. (b) The cockpit deck of a cockpit vessel that operates on exposed or partially protected waters must be at least 255 millimeters (10 inches) above the deepest load waterline unless the vessel complies with: (1) The intact stability requirements of §§ 170.170, 170.173, 171.050, 171.055, and 171.057 in subchapter S of this chapter; (2) The Type II subdivision requirements in §§ 171.070, 171.072, and 171.073 in subchapter S of this chapter; and (3) The damage stability requirements in § 171.080 in subchapter S of this chapter. (c) The cockpit deck of a cockpit vessel that does not operate on exposed or partially protected waters must be located as high above the deepest load waterline as practicable. (d) The cockpit must be self-bailing. Scuppers or freeing ports for the cockpit deck of a cockpit vessel must: (1) Be located to allow rapid clearing of water in all probable conditions of list and trim; (2) Have a combined drainage area of at least the area required by § 178.450 of this part; and (3) If the deck is less than 255 millimeters (10 inches) above the deepest load waterline of the vessel, be fitted with non-return devices. | ||||
| 46:46:7.0.1.3.13.4.63.3 | 46 | Shipping | I | T | 178 | PART 178—INTACT STABILITY AND SEAWORTHINESS | D | Subpart D—Drainage of Weather Decks | § 178.430 Drainage of well deck vessels. | USCG | (a) The weather deck on a well deck vessel must be watertight. (b) The area required on a well deck vessel for drainage of well formed by the bulwarks shall be determined by § 178.450. (c) The freeing ports or scuppers on a well deck vessel must be located to allow rapid clearing of water in all probable conditions of list and trim. (d) The deck of well deck vessel that operates on exposed or partially protected waters must be at least 255 millimeters (10 inches) above the deepest load waterline unless the vessel complies with: (1) The intact stability requirements of §§ 170.170, 170.173, 171.050, 171.055, and 171.057 in subchapter S of this chapter; (2) The Type II subdivision requirements in §§ 171.070, 171.072, and 171.073 in subchapter S of this chapter; and (3) The damage stability requirements in § 171.080 in subchapter S of this chapter. | ||||
| 46:46:7.0.1.3.13.4.63.4 | 46 | Shipping | I | T | 178 | PART 178—INTACT STABILITY AND SEAWORTHINESS | D | Subpart D—Drainage of Weather Decks | § 178.440 Drainage of open boats. | USCG | The deck within the hull of an open boat must drain to the bilge. Overboard drainage of the deck is not permitted. | ||||
| 46:46:7.0.1.3.13.4.63.5 | 46 | Shipping | I | T | 178 | PART 178—INTACT STABILITY AND SEAWORTHINESS | D | Subpart D—Drainage of Weather Decks | § 178.450 Calculation of drainage area for cockpit and well deck vessels. | USCG | [CGD 85-080, 61 FR 966, Jan. 10, 1996; 61 FR 20557, May 7, 1996; USCG-2022-0323, 88 FR 10032, Feb. 16, 2023 ] | (a) The drainage area required on a vessel must be computed using the following formula: For protected waters required drainage = .1 × Basic Drainage For partially protected waters required drainage = .5 × Basic Drainage For exposed waters required drainage = Basic Drainage where: Basic Drainage area in centimeters 2 = 4389.12 × [(Recess Volume × Recess Ratio) + (Weather Deck Volume × Weather Deck Ratio)]; or Basic Drainage area in inch 2 = (Recess Volume × Recess Ratio) + (Weather Deck Volume × Weather Deck Ratio) Recess Volume = (B R × D R ) − V R B R = average height in centimeters (feet) of the bulwark above the well deck or cockpit deck; D R = total deck area of the cockpit or well deck in the after 2/3 of the vessel length (LOD) measured in centimeters 2 (feet 2 ). V R = volume of any weather tight structure below the bulwark of the well deck or cockpit deck. B R = average height in centimeters (feet) of the bulwark above the well deck or cockpit deck; D R = total deck area of the cockpit or well deck in the after 2/3 of the vessel length (LOD) measured in centimeters 2 (feet 2 ). V R = volume of any weather tight structure below the bulwark of the well deck or cockpit deck. Recess Ratio = L R / L C L R = the length of the recess in the after 2/3 vessel length (LOD). L C = 2/3 vessel length (LOD). L R = the length of the recess in the after 2/3 vessel length (LOD). L C = 2/3 vessel length (LOD). Weather Deck Volume = (B D × D D ) − V S B D = average height in centimeters (feet) of the bulwark above the weather deck; D D = total deck area of the weather deck adjacent to bulwarks but not in way of the cockpit or well deck in the after 2/3 of the vessel length (LOD) measured in centimenters 2 (feet 2 ). V S = volume of any weather tight superstructure below the bulwark on the weather deck located within D D . B D = average height in centimeters (feet) of the bulwark above the weather deck; D D = total deck area of the weather de… | |||
| 46:46:7.0.1.3.13.5.63.1 | 46 | Shipping | I | T | 178 | PART 178—INTACT STABILITY AND SEAWORTHINESS | E | Subpart E—Special Installations | § 178.510 Ballast. | USCG | (a) Any solid fixed ballast used to comply with the requirements of parts 170, 171, 178, and 179 of this chapter must be: (1) Stowed in a manner that prevents shifting of the ballast; and (2) Installed to the satisfaction of the cognizant OCMI. (b) Solid fixed ballast may not be located forward of the collision bulkhead unless the installation and arrangement of the ballast and the collision bulkhead minimizes the risk of the ballast penetrating the bulkhead in a collision. (c) Solid fixed ballast may not be removed from a vessel or relocated unless approved by the cognizant OCMI except that ballast may be temporarily moved for a vessel examination or repair if it is replaced to the satisfaction of the OCMI. (d) Water ballast, either as an active system or permanent, must be approved by the Commanding Officer, Marine Safety Center. | ||||
| 49:49:3.1.1.1.1.0.1.1 | 49 | Transportation | I | C | 178 | PART 178—SPECIFICATIONS FOR PACKAGINGS | § 178.1 Purpose and scope. | PHMSA | [Amdt. 178-40, 42 FR 2689, Jan. 13, 1977. Redesignated by Amdt. 178-97, 55 FR 52715, Dec. 21, 1990] | This part prescribes the manufacturing and testing specifications for packaging and containers used for the transportation of hazardous materials in commerce. | |||||
| 49:49:3.1.1.1.1.0.1.2 | 49 | Transportation | I | C | 178 | PART 178—SPECIFICATIONS FOR PACKAGINGS | § 178.2 Applicability and responsibility. | PHMSA | [Amdt. 178-97, 55 FR 52715, Dec. 21, 1990; 56 FR 66284, Dec. 20, 1991, as amended by Amdt. 178-106, 59 FR 67519, Dec. 29, 1994; Amdt. 178-117, 62 FR 14338, Mar. 26, 1997; 68 FR 45041, July 31, 2003; 69 FR 34612, June 22, 2004; 75 FR 5395, Feb. 2, 2010; 75 FR 60339, Sept. 30, 2010; 78 FR 1118, Jan. 7, 2013; 78 FR 15328, Mar. 11, 2013] | (a) Applicability. (1) The requirements of this part apply to packagings manufactured— (i) To a DOT specification, regardless of country of manufacture; or (ii) To a UN standard, for packagings manufactured within the United States. For UN standard packagings manufactured outside the United States, see § 173.24(d)(2) of this subchapter. For UN standard packagings for which standards are not prescribed in this part, see § 178.3(b). (2) A manufacturer of a packaging subject to the requirements of this part is primarily responsible for compliance with the requirements of this part. However, any person who performs a function prescribed in this part shall perform that function in accordance with this part. (b) Specification markings. When this part requires that a packaging be marked with a DOT specification or UN standard marking, marking of the packaging with the appropriate DOT or UN markings is the certification that— (1) Except as otherwise provided in this section, all requirements of the DOT specification or UN standard, including performance tests, are met; and (2) All functions performed by, or on behalf of, the person whose name or symbol appears as part of the marking conform to requirements specified in this part. (c) Notification. (1) Except as specifically provided in §§ 178.337-18, 178.338-19, and 178.345-15 of this part, the manufacturer or other person certifying compliance with the requirements of this part, and each subsequent distributor of that packaging must: (i) Notify each person to whom that packaging is transferred— (A) Of all requirements in this part not met at the time of transfer, and (B) With information specifying the type(s) and dimensions of the closures, including gaskets and any other components needed to ensure that the packaging is capable of successfully passing the applicable performance tests. This information must include any procedures to be followed, including closure instructions for inner packagings and receptacles, to effectively assemble and close the pa… | |||||
| 49:49:3.1.1.1.1.0.1.3 | 49 | Transportation | I | C | 178 | PART 178—SPECIFICATIONS FOR PACKAGINGS | § 178.3 Marking of packagings. | PHMSA | [Amdt. 178-97, 55 FR 52716, Dec. 21, 1990; 56 FR 66284, Dec. 20, 1991, as amended by Amdt. 178-106, 59 FR 67519, Dec. 29, 1994; Amdt. 178-113, 61 FR 21102, May 9, 1996; 65 FR 50462, Aug. 18, 2000; 66 FR 45386, Aug. 28, 2001; 67 FR 61015, Sept. 27, 2002; 68 FR 75748, Dec. 31, 2003; 70 FR 73166, Dec. 9, 2005; 78 FR 14714, Mar. 7, 2013; 87 FR 44999, July 26, 2022] | (a) Each packaging represented as manufactured to a DOT specification or a UN standard must be marked on a non-removable component of the packaging with specification markings conforming to the applicable specification, and with the following: (1) In an unobstructed area, with letters, and numerals identifying the standards or specification (e.g. UN 1A1, DOT 4B240ET, etc.). (2) Unless otherwise specified in this part, the name and address or symbol of the packaging manufacturer or the person certifying compliance with a UN standard. Symbols, if used, must be registered with the Associate Administrator. Unless authorized in writing by the holder of the symbol, symbols must represent either the packaging manufacturer or the approval agency responsible for providing the most recent certification for the packaging through design certification testing or periodic retesting, as applicable. Duplicative symbols are not authorized. (3) The markings must be stamped, embossed, burned, printed or otherwise marked on the packaging to provide adequate accessibility, permanency, contrast, and legibility so as to be readily apparent and understood. (4) Unless otherwise specified, letters and numerals must be at least 12.0 mm (0.47 inches) in height except for packagings of less than or equal to 30 L (7.9 gallons) capacity for liquids or 30 kg (66 pounds) maximum net mass for solids the height must be at least 6.0 mm (0.2 inches). For packagings having a capacity of 5 L (1.3 gallons) or less or of 5 kg (11 pounds) maximum net mass, letters and numerals must be of an appropriate size. (5) For packages with a gross mass of more than 30 kg (66 pounds), the markings or a duplicate thereof must appear on the top or on a side of the packaging. (b) A UN standard packaging for which the UN standard is set forth in this part may be marked with the United Nations symbol and other specification markings only if it fully conforms to the requirements of this part. A UN standard packaging for which the UN standard is not set forth in thi… | |||||
| 49:49:3.1.1.1.1.10.1.1 | 49 | Transportation | I | C | 178 | PART 178—SPECIFICATIONS FOR PACKAGINGS | M | Subpart M—Testing of Non-bulk Packagings and Packages | § 178.600 Purpose and scope. | PHMSA | [Amdt. 178-97, 55 FR 52717, Dec. 21, 1990, as amended by Amdt. 178-99, 58 FR 51534, Oct. 1, 1993] | This subpart prescribes certain testing requirements for performance-oriented packagings identified in subpart L of this part. | |||
| 49:49:3.1.1.1.1.10.1.10 | 49 | Transportation | I | C | 178 | PART 178—SPECIFICATIONS FOR PACKAGINGS | M | Subpart M—Testing of Non-bulk Packagings and Packages | § 178.609 Test requirements for packagings for infectious substances. | PHMSA | [Amdt. 178-97, 55 FR 52723, Dec. 21, 1990, as amended by Amdt. 178-111, 60 FR 48787, Sept. 20, 1995; 67 FR 53143, Aug. 14, 2002; 69 FR 54046, Sept. 7, 2004; 87 FR 45000, July 26, 2022; 89 FR 25490, Apr. 10, 2024] | (a) Samples of each packaging must be prepared for testing as described in paragraph (b) of this section and then subjected to the tests in paragraphs (d) through (i) of this section. (b) Samples of each packaging must be prepared as for transport except that a liquid or solid infectious substance should be replaced by water or, where conditioning at −18 °C (0 °F) is specified, by water/antifreeze. Each primary receptacle must be filled to 98 percent capacity. Packagings for live animals should be tested with the live animal being replaced by an appropriate dummy of similar mass. (c) Packagings prepared as for transport must be subjected to the tests in Table I of this paragraph (c), which, for test purposes, categorizes packagings according to their material characteristics. For outer packagings, the headings in Table I relate to fiberboard or similar materials whose performance may be rapidly affected by moisture; plastics that may embrittle at low temperature; and other materials, such as metal, for which performance is not significantly affected by moisture or temperature. Where a primary receptacle and a secondary packaging of an inner packaging are made of different materials, the material of the primary receptacle determines the appropriate test. In instances where a primary receptacle is made of more than one material, the material most likely to be damaged determines the appropriate test. Table I—Tests Required (d) Samples must be subjected to free-fall drops onto a rigid, nonresilient, flat, horizontal surface from a height of 9 m (30 feet). The drops must be performed as follows: (1) Where the samples are in the shape of a box, five samples must be dropped, one in each of the following orientation: (i) Flat on the base; (ii) Flat on the top; (iii) Flat on the longest side; (iv) Flat on the shortest side; and (v) On a corner. (2) Where the samples are in the shape of a drum or jerrican, three samples must be dropped, one in each of the following orientations: (i) Diagonally on the top edge,… | |||
| 49:49:3.1.1.1.1.10.1.2 | 49 | Transportation | I | C | 178 | PART 178—SPECIFICATIONS FOR PACKAGINGS | M | Subpart M—Testing of Non-bulk Packagings and Packages | § 178.601 General requirements. | PHMSA | [Amdt. 178-97, 55 FR 52723, Dec. 21, 1990, as amended at 56 FR 66285, Dec. 20, 1991; 57 FR 45465, Oct. 1, 1992; Amdt. 178-102, 59 FR 28494, June 2, 1994; Amdt. 178-106, 59 FR 67521, 67522, Dec. 29, 1994; Amdt. 178-117, 61 FR 50628, Sept. 26, 1996; 66 FR 45386, Aug. 28, 2001; 67 FR 53143, Aug. 14, 2002; 68 FR 75758, Dec. 31, 2003; 68 FR 61942, Oct. 30, 2003; 75 FR 5396, Feb. 2, 2010; 75 FR 60339, Sept. 30, 2010; 77 FR 60944, Oct. 5, 2012; 78 FR 1118, Jan. 7, 2013; 78 FR 14715, Mar. 7, 2013; 78 FR 65487, Oct. 31, 2013; 85 FR 27901, May 11, 2020; 87 FR 79784, Dec. 27, 2022; 89 FR 15666, Mar. 4, 2024 ] | (a) General. The test procedures prescribed in this subpart are intended to ensure that packages 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 § 173.24 of this subchapter at all times while in transportation. (b) Responsibility. It is the responsibility of the packaging manufacturer to assure that each package is capable of passing the prescribed tests. To the extent that a package assembly function, including final closure, is performed by the person who offers a hazardous material for transportation, that person is responsible for performing the function in accordance with §§ 173.22 and 178.2 of this subchapter. (c) Definitions. For the purpose of this subpart: (1) Design qualification testing is the performance of the tests prescribed in § 178.603, § 178.604, § 178.605, § 178.606, § 178.607, § 178.608, or § 178.609, as applicable, for each new or different packaging, at the start of production of that packaging. (2) Periodic retesting is the performance of the drop, leakproofness, hydrostatic pressure, and stacking tests, as applicable, as prescribed in § 178.603, § 178.604, § 178.605, or § 178.606, respectively, at the frequency specified in paragraph (e) of this section. For infectious substances packagings required to meet the requirements of § 178.609, periodic retesting is the performance of the tests specified in § 178.609 at the frequency specified in paragraph (e) of this section. (3) Production testing is the performance of the leakproofness test prescribed in § 178.604 of this subpart on each single or composite packaging intended to contain a liquid. (4) A different packaging is one that differs ( i.e. , is not identical) from a previously produced packaging in structural design, size, material of construction, wall thickness or manner of construction … | |||
| 49:49:3.1.1.1.1.10.1.3 | 49 | Transportation | I | C | 178 | PART 178—SPECIFICATIONS FOR PACKAGINGS | M | Subpart M—Testing of Non-bulk Packagings and Packages | § 178.602 Preparation of packagings and packages for testing. | PHMSA | [Amdt. 178-97, 55 FR 52723, Dec. 21, 1990, as amended at 56 FR 66286, Dec. 20, 1991; Amdt. 178-106, 59 FR 67522, Dec. 29, 1994; 69 FR 76186, Dec. 20, 2004; 71 FR 78635, Dec. 29, 2006] | (a) Except as otherwise provided in this subchapter, each packaging and package must be closed in preparation for testing and tests must be carried out in the same manner as if prepared for transportation, including inner packagings in the case of combination packagings. (b) For the drop and stacking test, inner and single-unit receptacles other than bags must be filled to not less than 95% of maximum capacity (see § 171.8 of this subchapter) in the case of solids and not less than 98% of maximum in the case of liquids. Bags containing solids shall be filled to the maximum mass at which they may be used. The material to be transported in the packagings may be replaced by a non-hazardous material, except for chemical compatibility testing or where this would invalidate the results of the tests. (c) If the material to be transported is replaced for test purposes by a non-hazardous material, the material used must be of the same or higher specific gravity as the material to be carried, and its other physical properties (grain, size, viscosity) which might influence the results of the required tests must correspond as closely as possible to those of the hazardous material to be transported. Water may also be used for the liquid drop test under the conditions specified in § 178.603(e) of this subpart. It is permissible to use additives, such as bags of lead shot, to achieve the requisite total package mass, so long as they are placed so that the test results are not affected. (d) Paper or fiberboard packagings must be conditioned for at least 24 hours immediately prior to testing in an atmosphere maintained— (1) At 50 percent ±2 percent relative humidity, and at a temperature of 23 °C±2 °C (73 °F±4 °F). Average values should fall within these limits. 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; (2) At 65 percent ±2 percent relative humidity, and at a temperature of 20 °C±2… | |||
| 49:49:3.1.1.1.1.10.1.4 | 49 | Transportation | I | C | 178 | PART 178—SPECIFICATIONS FOR PACKAGINGS | M | Subpart M—Testing of Non-bulk Packagings and Packages | § 178.603 Drop test. | PHMSA | [Amdt. 178-97, 55 FR 52723, Dec. 21, 1990, as amended at 56 FR 66286, Dec. 20, 1991; 57 FR 45465, Oct. 1, 1992; Amdt. 178-99, 58 FR 51534, Oct. 1, 1993; Amdt. 178-106, 59 FR 67522, Dec. 29, 1994; 65 FR 50462, Aug. 18, 2000; 66 FR 45386, Aug. 28, 2001; 67 FR 61016, Sept. 27, 2002; 69 FR 76186, Dec. 20, 2004; 76 FR 3389, Jan. 19, 2011; 78 FR 1097, Jan. 7, 2013] | (a) General. The drop test must be conducted for the qualification of all packaging design types and performed periodically as specified in § 178.601(e). For other than flat drops, the center of gravity of the test packaging must be vertically over the point of impact. Where more than one orientation is possible for a given drop test, the orientation most likely to result in failure of the packaging must be used. The number of drops required and the packages' orientations are as follows: (b) Exceptions. For testing of single or composite packagings constructed of stainless steel, nickel, or monel at periodic intervals only ( i.e. , other than design qualification testing), the drop test may be conducted with two samples, one sample each for the two drop orientations. These samples may have been previously used for the hydrostatic pressure or stacking test. Exceptions for the number of steel, aluminum and other metal packaging samples used for conducting the drop test are subject to the approval of the Associate Administrator. (c) Special preparation of test samples for the drop test. (1) Testing of plastic drums, plastic jerricans, plastic boxes other than expanded polystyrene boxes, composite packagings (plastic material), and combination packagings with plastic inner packagings other than plastic bags intended to contain solids or articles must be carried out when the temperature of the test sample and its contents has been reduced to −18 °C (0 °F) or lower. Test liquids must be kept in the liquid state, if necessary, by the addition of anti-freeze. Water/anti-freeze solutions with a minimum specific gravity of 0.95 for testing at −18 °C (0 °F) or lower are considered acceptable test liquids. Test samples prepared in this way are not required to be conditioned in accordance with § 178.602(d). (d) Target. The target must be a rigid, non-resilient, flat and horizontal surface. (e) Drop height. Drop heights, measured as the vertical distance from the target to the lowest point on the package, must be… | |||
| 49:49:3.1.1.1.1.10.1.5 | 49 | Transportation | I | C | 178 | PART 178—SPECIFICATIONS FOR PACKAGINGS | M | Subpart M—Testing of Non-bulk Packagings and Packages | § 178.604 Leakproofness test. | PHMSA | [Amdt. 178-97, 55 FR 52723, Dec. 21, 1990, as amended at 56 FR 66286, Dec. 20, 1991; Amdt. 178-106, 59 FR 67522, Dec. 29, 1994; 66 FR 45386, Aug. 28, 2001] | (a) General. The leakproofness test must be performed with compressed air or other suitable gases on all packagings intended to contain liquids, except that: (1) The inner receptacle of a composite packaging may be tested without the outer packaging provided the test results are not affected; and (2) This test is not required for inner packagings of combination packagings. (b) Number of packagings to be tested —(1) Production testing. All packagings subject to the provisions of this section must be tested and must pass the leakproofness test: (i) Before they are first used in transportation; and (ii) Prior to reuse, when authorized for reuse by § 173.28 of this subchapter. (2) Design qualification and periodic testing. Three samples of each different packaging must be tested and must pass the leakproofness test. Exceptions for the number of samples used in conducting the leakproofness test are subject to the approval of the Associate Administrator. (c) Special preparation —(1) For design qualification and periodic testing, packagings must be tested with closures in place. For production testing, packagings need not have their closures in place. Removable heads need not be installed during production testing. (2) For testing with closures in place, vented closures must either be replaced by similar non-vented closures or the vent must be sealed. (d) Test method. The packaging must be restrained under water while an internal air pressure is applied; the method of restraint must not affect the results of the test. The test must be conducted, for other than production testing, for a minimum time of five minutes. Other methods, at least equally effective, may be used in accordance with appendix B of this part. (e) Pressure applied. An internal air pressure (gauge) must be applied to the packaging as indicated for the following packing groups: (1) Packing Group I: Not less than 30 kPa (4 psi). (2) Packing Group II: Not less than 20 kPa (3 psi). (3) Packing Group III: Not less than 20 kPa (3 psi… | |||
| 49:49:3.1.1.1.1.10.1.6 | 49 | Transportation | I | C | 178 | PART 178—SPECIFICATIONS FOR PACKAGINGS | M | Subpart M—Testing of Non-bulk Packagings and Packages | § 178.605 Hydrostatic pressure test. | PHMSA | [Amdt. 178-97, 55 FR 52723, Dec. 21, 1990, as amended at 56 FR 66286, Dec. 20, 1991; Amdt. 178-99, 58 FR 51534, Oct. 1, 1993; Amdt. 178-102, 59 FR 28494, June 2, 1994; 65 FR 50462, Aug. 18, 2000; 66 FR 45386, 45390, Aug. 28, 2001; 73 FR 57007, Oct. 1, 2008; 78 FR 60755, Oct. 2, 2013] | (a) General. The hydrostatic pressure test must be conducted for the qualification of all metal, plastic, and composite packaging design types intended to contain liquids and be performed periodically as specified in § 178.601(e). This test is not required for inner packagings of combination packagings. For internal pressure requirements for inner packagings of combination packagings intended for transportation by aircraft, see § 173.27(c) of this subchapter. (b) Number of test samples. Three test samples are required for each different packaging. For packagings constructed of stainless steel, monel, or nickel, only one sample is required for periodic retesting of packagings. Exceptions for the number of aluminum and steel sample packagings used in conducting the hydrostatic pressure test are subject to the approval of the Associate Administrator. (c) Special preparation of receptacles for testings. Vented closures must either be replaced by similar non-vented closures or the vent must be sealed. (d) Test method and pressure to be applied. Metal packagings and composite packagings other than plastic (e.g., glass, porcelain or stoneware), including their closures, must be subjected to the test pressure for 5 minutes. Plastic packagings and composite packagings (plastic material), including their closures, must be subjected to the test pressure for 30 minutes. This pressure is the one to be marked as required in § 178.503(a)(5). The receptacles must be supported in a manner that does not invalidate the test. The test pressure must be applied continuously and evenly, and it must be kept constant throughout the test period. In addition, packagings intended to contain hazardous materials of Packing Group I must be tested to a minimum test pressure of 250 kPa (36 psig). The hydraulic pressure (gauge) applied, taken at the top of the receptacle, and determined by any one of the following methods must be: (1) Not less than the total gauge pressure measured in the packaging ( i.e. , the vapor pressure of the f… | |||
| 49:49:3.1.1.1.1.10.1.7 | 49 | Transportation | I | C | 178 | PART 178—SPECIFICATIONS FOR PACKAGINGS | M | Subpart M—Testing of Non-bulk Packagings and Packages | § 178.606 Stacking test. | PHMSA | [Amdt. 178-97, 55 FR 52723, Dec. 21, 1990, as amended at 56 FR 66286, Dec. 20, 1991; 57 FR 45465, Oct. 1, 1992; Amdt. 178-102, 59 FR 28494, June 2, 1994; Amdt. 178-106, 59 FR 67522, Dec. 29, 1994; 65 FR 58632, Sept. 29, 2000; 66 FR 45386, Aug. 28, 2001; 70 FR 34076, June 13, 2005; 72 FR 55696, Oct. 1, 2007] | (a) General. All packaging design types other than bags must be subjected to a stacking test. (b) Number of test samples. Three test samples are required for each different packaging. For periodic retesting of packagings constructed of stainless steel, monel, or nickel, only one test sample is required. Exceptions for the number of aluminum and steel sample packagings used in conducting the stacking test are subject to the approval of the Associate Administrator. Notwithstanding the provisions of § 178.602(a) of this subpart, combination packagings may be subjected to the stacking test without their inner packagings, except where this would invalidate the results of the test. (c) Test method —(1) Design qualification testing. The test sample must be subjected to a force applied to the top surface of the test sample equivalent to the total weight of identical packages which might be stacked on it during transport; where the contents of the test sample are non-hazardous liquids with specific gravities different from that of the liquid to be transported, the force must be calculated based on the specific gravity that will be marked on the packaging. The minimum height of the stack, including the test sample, must be 3.0 m (10 feet). The duration of the test must be 24 hours, except that plastic drums, jerricans, and composite packagings 6HH intended for liquids shall be subjected to the stacking test for a period of 28 days at a temperature of not less than 40 °C (104 °F). Alternative test methods which yield equivalent results may be used if approved by the Associate Administrator. In guided load tests, stacking stability must be assessed after completion of the test by placing two filled packagings of the same type on the test sample. The stacked packages must maintain their position for one hour. Plastic packagings must be cooled to ambient temperature before this stacking stability assessment. (2) Periodic retesting. The test sample must be tested in accordance with: (i) Section 178.606(c)(1) of thi… | |||
| 49:49:3.1.1.1.1.10.1.8 | 49 | Transportation | I | C | 178 | PART 178—SPECIFICATIONS FOR PACKAGINGS | M | Subpart M—Testing of Non-bulk Packagings and Packages | § 178.607 Cooperage test for bung-type wooden barrels. | PHMSA | (a) Number of samples. One barrel is required for each different packaging. (b) Method of testing. Remove all hoops above the bilge of an empty barrel at least two days old. (c) Criteria for passing the test. A packaging passes the cooperage test only if the diameter of the cross-section of the upper part of the barrel does not increase by more than 10 percent. | ||||
| 49:49:3.1.1.1.1.10.1.9 | 49 | Transportation | I | C | 178 | PART 178—SPECIFICATIONS FOR PACKAGINGS | M | Subpart M—Testing of Non-bulk Packagings and Packages | § 178.608 Vibration standard. | PHMSA | [Amdt. 178-97, 55 FR 52723, Dec. 21, 1990, as amended at 56 FR 66286, Dec. 20, 1991; 66 FR 45386, Aug. 28, 2001] | (a) Each packaging must be capable of withstanding, without rupture or leakage, the vibration test procedure outlined in this section. (b) Test method. (1) Three sample packagings, selected at random, must be filled and closed as for shipment. (2) The three samples must be placed on a vibrating platform that has a vertical or rotary double-amplitude (peak-to-peak displacement) of one inch. The packages should be constrained horizontally to prevent them 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 any package and the platform. (4) Immediately following the period of vibration, each package must be removed from the platform, turned on its side and observed for any evidence of leakage. (5) Other methods, at least equally effective, may be used, if approved by the Associate Administrator. (c) Criteria for passing the test. A packaging passes the vibration test if there is no rupture or leakage from any of the packages. No test sample should show any deterioration which could adversely affect transportation safety or any distortion liable to reduce packaging strength. | |||
| 49:49:3.1.1.1.1.11.1.1 | 49 | Transportation | I | C | 178 | PART 178—SPECIFICATIONS FOR PACKAGINGS | N | Subpart N—IBC Performance-Oriented Standards | § 178.700 Purpose, scope and definitions. | PHMSA | [Amdt. 178-103, 59 FR 38068, July 26, 1994, as amended by Amdt. 178-108, 60 FR 40038, Aug. 4, 1995; 66 FR 45386, 45387, Aug. 28, 2001; 73 FR 57008, Oct. 1, 2008; 75 FR 5396, Feb. 2, 2010] | (a) This subpart prescribes requirements applying to IBCs 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 § 171.8 of this subchapter and in paragraph (c) of this section. (c) The following definitions pertain to the IBC standards in this subpart. (1) Body means the receptacle proper (including openings and their closures, but not including service equipment) that has a volumetric capacity of not more than 3 cubic meters (3,000 L, 793 gallons, or 106 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 § 171.8 of this subchapter). | |||
| 49:49:3.1.1.1.1.11.1.10 | 49 | Transportation | I | C | 178 | PART 178—SPECIFICATIONS FOR PACKAGINGS | N | Subpart N—IBC Performance-Oriented Standards | § 178.710 Standards for flexible IBCs. | PHMSA | [Amdt. 178-103, 59 FR 38068, July 26, 1994, as amended by Amdt. 178-108, 60 FR 40038, Aug. 4, 1995; 66 FR 45386, Aug. 28, 2001; 75 FR 5397, Feb. 2, 2010] | (a) The provisions of this section apply to flexible IBCs intended to contain solid hazardous materials. Flexible IBC 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 IBCs: (1) 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. (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 IBC or formed from a continuation of the IBC body material. (c) Construction requirements for flexible IBCs are as follows: (1) The strength of the material and the construction of the flexible IBC must be appropriate to its capacity and its intended use. (2) All materials used in the construction of flexible IBCs 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 § 173.24 of this subchapter, flexible IBCs must be resistant to aging and degradation caused by ultraviolet radiation. (5) For plastic flexible IBCs, if necessary, protection against ultraviolet radiation must be provided by the addition of pigments or inhibitors such as carbon black. These additives mu… | |||
| 49:49:3.1.1.1.1.11.1.2 | 49 | Transportation | I | C | 178 | PART 178—SPECIFICATIONS FOR PACKAGINGS | N | Subpart N—IBC Performance-Oriented Standards | § 178.702 IBC codes. | PHMSA | [Amdt. 178-103, 59 FR 38068, July 26, 1994, as amended at 66 FR 45386, Aug. 28, 2001] | (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) IBC code number designations are as follows: (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). “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 IBCs, two capital letters are used in sequence following the numeral indicating IBC design type. The first letter indicates the material of the IBC inner receptacle. The second letter indicates the material of the outer IBC. For example, 31HA1 is a composite IBC with a plastic inner receptacle and a steel outer packaging. | |||
| 49:49:3.1.1.1.1.11.1.3 | 49 | Transportation | I | C | 178 | PART 178—SPECIFICATIONS FOR PACKAGINGS | N | Subpart N—IBC Performance-Oriented Standards | § 178.703 Marking of IBCs. | PHMSA | [Amdt. 178-103, 59 FR 38068, July 26, 1994, as amended by Amdt. 178-119, 62 FR 24743, May 6, 1997; 64 FR 10782, Mar. 5, 1999; 65 FR 50462, Aug. 18, 2000; 65 FR 58632, Sept. 29, 2000; 66 FR 33451, June 21, 2001; 66 FR 45387, Aug. 28, 2001; 74 FR 2269, Jan. 14, 2009; 75 FR 74, Jan. 4, 2010; 75 FR 5396, Feb. 2, 2010; 76 FR 3389, Jan. 19, 2011; 80 FR 1168, Jan. 8, 2015; 83 FR 55810, Nov. 7, 2018; 87 FR 45000, July 26, 2022] | (a) The manufacturer shall: (1) Mark every IBC in a durable and clearly visible manner. The marking may be applied in a single line or in multiple lines provided the correct sequence is followed with the information required by this section in letters, numerals and symbols of at least 12 mm in height. This minimum marking size applies only to IBCs manufactured after October 1, 2001). The following information is required in the sequence presented: (i) Except as provided in § 178.503(e)(1)(ii), the United Nations symbol as illustrated in § 178.503(e)(1)(i). For metal IBCs on which the marking is stamped or embossed, the capital letters “UN” may be applied instead of the symbol. (ii) The code number designating IBC design type according to § 178.702(a). The letter “W” must follow the IBC design type identification code on an IBC when the IBC differs from the requirements in subpart N of this part, or is tested using methods other than those specified in this subpart, and is approved by the Associate Administrator in accordance with the provisions in § 178.801(i). (iii) A capital letter identifying the performance standard under which the design type has been successfully tested, as follows: (A) X—for IBCs meeting Packing Group I, II and III tests; (B) Y—for IBCs meeting Packing Group II and III tests; and (C) Z—for IBCs 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 IBC 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. (vii) The stacking test load in kilograms (kg). For IBCs not designed for stacking, the figure “0” must be shown. (viii) The maximum permissible gross mass in kg. (2) T… | |||
| 49:49:3.1.1.1.1.11.1.4 | 49 | Transportation | I | C | 178 | PART 178—SPECIFICATIONS FOR PACKAGINGS | N | Subpart N—IBC Performance-Oriented Standards | § 178.704 General IBC standards. | PHMSA | [Amdt. 178-103, 59 FR 38068, July 26, 1994, as amended at 66 FR 45386, Aug. 28, 2001; 68 FR 61942, Oct. 30, 2003] | (a) Each IBC must be resistant to, or protected from, deterioration due to exposure to the external environment. IBCs 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 IBC handling and transportation. (c) Each IBC, 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 IBC intended for stacking must be designed for stacking. Any lifting or securing features of an IBC 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 IBC. (d) An IBC 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 motion. (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 IBC 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) IBC design types must be constructed in such a way as to be bottom-lifted or top-lifted as specified in §§ 178.811 and 178.812. | |||
| 49:49:3.1.1.1.1.11.1.5 | 49 | Transportation | I | C | 178 | PART 178—SPECIFICATIONS FOR PACKAGINGS | N | Subpart N—IBC Performance-Oriented Standards | § 178.705 Standards for metal IBCs. | PHMSA | [Amdt. 178-103, 59 FR 38068, July 26, 1994, as amended by Amdt. 178-108, 60 FR 40038, Aug. 4, 1995; Amdt. 178-117, 61 FR 50629, Sept. 26, 1996; 66 FR 33452, June 21, 2001; 66 FR 45386, 45387, Aug. 28, 2001; 68 FR 45041, July 31, 2003; 75 FR 5396, Feb. 2, 2010; 78 FR 1097, Jan. 7, 2013; 87 FR 45000, July 26, 2022] | (a) The provisions in this section apply to metal IBCs intended to contain liquids and solids. Metal IBC 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. (b) Definitions for metal IBCs: (1) Metal IBC means an IBC with a metal body, together with appropriate service and structural equipment. (2) Protected means providing the IBC 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 IBCs 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 IBCs 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 IBC 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 psi are used for tensile strength then the ratio becomes 10,000 × (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 psi are used for tensile strength then the ratio becomes 10,000 × 145 / (6Rm). (C) Specimens used to determine the elongation at fracture must be taken transversely to the… | |||
| 49:49:3.1.1.1.1.11.1.6 | 49 | Transportation | I | C | 178 | PART 178—SPECIFICATIONS FOR PACKAGINGS | N | Subpart N—IBC Performance-Oriented Standards | § 178.706 Standards for rigid plastic IBCs. | PHMSA | [Amdt. 178-103, 59 FR 38068, July 26, 1994, as amended at 66 FR 45386, 45387, Aug. 28, 2001; 75 FR 5396, Feb. 2, 2010; 89 FR 25490, Apr. 10, 2024] | (a) The provisions in this section apply to rigid plastic IBCs intended to contain solids or liquids. Rigid plastic IBC types are designated: (1) 11H1 fitted with structural equipment designed to withstand the whole load when IBCs 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 IBCs 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 IBCs are stacked, for liquids. (6) 31H2 freestanding, for liquids. (b) Rigid plastic IBCs consist of a rigid plastic body, which may have structural equipment, together with appropriate service equipment. (c) Rigid plastic IBCs 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 § 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 IBC 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 mat… | |||
| 49:49:3.1.1.1.1.11.1.7 | 49 | Transportation | I | C | 178 | PART 178—SPECIFICATIONS FOR PACKAGINGS | N | Subpart N—IBC Performance-Oriented Standards | § 178.707 Standards for composite IBCs. | PHMSA | [Amdt. 178-103, 59 FR 38068, July 26, 1994, as amended by Amdt. 178-119, 62 FR 24743, May 6, 1997; 66 FR 45387, Aug. 28, 2001; 67 FR 61016, Sept. 27, 2002; 68 FR 75758, Dec. 31, 2003; 69 FR 54046, Sept. 7, 2004; 75 FR 5396, Feb. 2, 2010; 89 FR 25490, Apr. 10, 2024] | (a) The provisions in this section apply to composite IBCs intended to contain solids and liquids. To complete the marking codes listed below, the letter “Z” must be replaced by a capital letter in accordance with § 178.702(a)(2) to indicate the material used for the outer packaging. Composite IBC types are designated: (1) 11HZ1 Composite IBCs with a rigid plastic inner receptacle for solids loaded or discharged by gravity. (2) 11HZ2 Composite IBCs with a flexible plastic inner receptacle for solids loaded or discharged by gravity. (3) 21HZ1 Composite IBCs with a rigid plastic inner receptacle for solids loaded or discharged under pressure. (4) 21HZ2 Composite IBCs with a flexible plastic inner receptacle for solids loaded or discharged under pressure. (5) 31HZ1 Composite IBCs with a rigid plastic inner receptacle for liquids. (6) 31HZ2 Composite IBCs with a flexible plastic inner receptacle for liquids. (b) Definitions for composite IBC types: (1) A composite IBC is an IBC 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 IBC 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 IBCs 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 recept… | |||
| 49:49:3.1.1.1.1.11.1.8 | 49 | Transportation | I | C | 178 | PART 178—SPECIFICATIONS FOR PACKAGINGS | N | Subpart N—IBC Performance-Oriented Standards | § 178.708 Standards for fiberboard IBCs. | PHMSA | [Amdt. 178-103, 59 FR 38068, July 26, 1994, as amended at 66 FR 45386, Aug. 28, 2001; 68 FR 75758, Dec. 31, 2003; 75 FR 5396, Feb. 2, 2010] | (a) The provisions of this section apply to fiberboard IBCs intended to contain solids that are loaded or discharged by gravity. Fiberboard IBCs are designated: 11G. (b) Definitions for fiberboard IBC types: (1) Fiberboard IBCs 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 IBCs are as follows: (1) Top lifting devices are prohibited in fiberboard IBCs. (2) Fiberboard IBCs 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 foot)—see ISO 535 (E) (IBR, see § 171.7 of this subchapter). 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 (IBR, see § 171.7 of this subchapter). (ii) Manufacturers' joints in the bodies of IBCs 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 … | |||
| 49:49:3.1.1.1.1.11.1.9 | 49 | Transportation | I | C | 178 | PART 178—SPECIFICATIONS FOR PACKAGINGS | N | Subpart N—IBC Performance-Oriented Standards | § 178.709 Standards for wooden IBCs. | PHMSA | [Amdt. 178-103, 59 FR 38068, July 26, 1994, as amended at 66 FR 45386, Aug. 28, 2001; 75 FR 5397, Feb. 2, 2010] | (a) The provisions in this section apply to wooden IBCs intended to contain solids that are loaded or discharged by gravity. Wooden IBC 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 IBCs: (1) Wooden IBCs 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 IBCs are as follows: (1) Top lifting devices are prohibited in wooden IBCs. (2) The strength of the materials used and the method of construction must be appropriate to the capacity and intended use of the IBC. (i) Natural wood used in the construction of an IBC must be well-seasoned, commercially dry, and free from defects that would materially lessen the strength of any part of the IBC. Each IBC part must consist of uncut wood or a piece equivalent in strength and integrity. IBC 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 wa… | |||
| 49:49:3.1.1.1.1.12.1.1 | 49 | Transportation | I | C | 178 | PART 178—SPECIFICATIONS FOR PACKAGINGS | O | Subpart O—Testing of IBCs | § 178.800 Purpose and scope. | PHMSA | [Amdt. 178-103, 59 FR 38074, July 26, 1994, as amended by 66 FR 45386, Aug. 28, 2001] | This subpart prescribes certain testing requirements for IBCs identified in subpart N of this part. | |||
| 49:49:3.1.1.1.1.12.1.10 | 49 | Transportation | I | C | 178 | PART 178—SPECIFICATIONS FOR PACKAGINGS | O | Subpart O—Testing of IBCs | § 178.815 Stacking test. | PHMSA | [75 FR 5397, Feb. 2, 2010] | (a) General. The stacking test must be conducted for the qualification of all IBC design types intended to be stacked. (b) Special preparation for the stacking test. (1) All IBCs except flexible IBC design types must be loaded to their maximum permissible gross mass. (2) The flexible IBC 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) Design Qualification Testing. All 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 (see paragraph (c)(5) of this section). (2) Fiberboard, wooden and composite IBCs with outer packagings constructed of other than plastic materials must be subject to the test for 24 hours. (3) Rigid plastic IBC types and composite IBC types with plastic outer packagings (11HH1, 11HH2, 21HH1, 21HH2, 31HH1 and 31HH2) which bear the stacking load must be subjected to the test for 28 days at 40 °C (104 °F). (4) For all IBCs, the load must be applied by one of the following methods: (i) One or more IBCs of the same type loaded to their maximum permissible gross mass and stacked on the test IBC; (ii) The calculated superimposed test load weight loaded on either a flat plate or a reproduction of the base of the IBC, which is stacked on the test IBC. (5) Calculation of superimposed test load. For all IBCs, the load to be 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 of the IBC during transportation. (d) Periodic Retest. (1) The package must be tested in accordance with paragraph (c) of this section; or (2) The packaging may be tested using a dynamic compression testing machine. The test must be conducted at room temperature on an empty, unsealed packaging. The test sample must be centered on the bottom platen of the testing machine. The top platen must be lowered until it comes in contact … | |||
| 49:49:3.1.1.1.1.12.1.11 | 49 | Transportation | I | C | 178 | PART 178—SPECIFICATIONS FOR PACKAGINGS | O | Subpart O—Testing of IBCs | § 178.816 Topple test. | PHMSA | [Amdt. 178-103, 59 FR 38074, July 26, 1994, as amended at 66 FR 45386, Aug. 28, 2001] | (a) General. The topple test must be conducted for the qualification of all flexible IBC design types. (b) Special preparation for the topple test. The flexible IBC 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 IBC 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 IBCs, 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 IBCs, 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. | |||
| 49:49:3.1.1.1.1.12.1.12 | 49 | Transportation | I | C | 178 | PART 178—SPECIFICATIONS FOR PACKAGINGS | O | Subpart O—Testing of IBCs | § 178.817 Righting test. | PHMSA | [Amdt. 178-103, 59 FR 38074, July 26, 1994, as amended at 66 FR 45386, Aug. 28, 2001] | (a) General. The righting test must be conducted for the qualification of all flexible IBCs designed to be lifted from the top or side. (b) Special preparation for the righting test. The flexible IBC 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 IBC, 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 IBCs, there may be no damage to the IBC or its lifting devices which renders the IBC unsafe for transportation or handling. |
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title_name TEXT,
chapter TEXT,
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