(a) No person may offer or accept a hazardous material for transportation in a Flexible Bulk Container except as authorized by this subchapter. Each Flexible Bulk Container used for the transportation of hazardous materials must conform to the requirements of its specification and regulations for the transportation of the particular commodity.

(b) Initial use and reuse of Flexible Bulk Containers. A Flexible Bulk Container may be reused. Before a Flexible Bulk Container is filled and offered for transportation, the Flexible Bulk Container must be given an external visual inspection by the person filling the Flexible Bulk Container to ensure:

(1) The Flexible Bulk Container is free from corrosion, contamination, cracks, cuts, or other damage that would render it unable to pass the prescribed design type test to which it is certified and marked; and

(2) The Flexible Bulk Container is marked in accordance with requirements in §178.1010 of this subchapter. Required markings that are missing, damaged or difficult to read must be restored or returned to original condition.

(3) The following components must be examined to determine structural serviceability:

(i) Textile slings;

(ii) Load-bearing structure straps;

(iii) Body fabric; and

(iv) Lock device parts including metal and textile parts are free from protrusions or damage.

(4) The use of Flexible Bulk Containers for the transport of hazardous materials is permitted for a period not to exceed two years from the date of manufacture of the Flexible Bulk Container.

(c) During transportation—

(1) No hazardous material may remain on the outside of the Flexible Bulk Container; and

(2) Each Flexible Bulk Container must be securely fastened to or contained within the transport unit.

(3) If restraints such as banding or straps are used, these straps must not be over-tightened to an extent that causes damage or deformation to the Flexible Bulk Container.

(4) Flexible Bulk Containers must be transported in a conveyance with rigid sides and ends that extend at least two-thirds of the height of the Flexible Bulk Container.

(5) Flexible Bulk Containers must not be stacked for highway or rail transportation.

(6) Flexible Bulk Containers must not be transported in cargo transport units when offered for transportation by vessel.

(7) Flexible Bulk Containers when transported by barge must be stowed in such a way that there are no void spaces between the Flexible Bulk Containers in the barge. If the Flexible Bulk Containers do not completely fill the barge, adequate measures must be taken to avoid shifting of cargo. The maximum permissible height of the stack of Flexible Bulk Containers must not exceed 3 containers high.

(d) A Flexible Bulk Container used to transport hazardous materials may not exceed 15 cubic meters (530 cubic feet) capacity.

[78 FR 1073, Jan. 7, 2013]