What does 49 CFR 178.1035 (General requirements) require?
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According to 49 CFR 178.1035, the general requirements for Flexible Bulk Containers used to transport hazardous materials include the following:
* Performance Standards: Packagings must be able to withstand normal conditions of transportation, meet minimum test procedures, and conform to § 173.24 while in transit.
* Responsibilities: The manufacturer is responsible for ensuring each Flexible Bulk Container can pass the required tests, while anyone offering a hazardous material for transport (including final closure/assembly) must follow §§ 173.22 and 178.2.
* Design Qualification & Requalification: Manufacturers must successfully pass design qualification tests (drop, topple, righting, tear, stacking, and top-lift tests) at the start of production for each new design type. Periodic design requalification tests must be conducted at least once every 24 months to maintain production authorization.
* Proof of Compliance: The Associate Administrator or a designated representative may require a manufacturer to demonstrate compliance at any time by conducting performance tests or providing a sample for testing.
* Record Retention: Following design qualification and periodic retests, a detailed test report containing specific information (such as test facility details, package descriptions, test results, and signatures) must be prepared and retained at manufacturing and testing locations for the required timeframes and made available to users or Department representatives upon request.
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