Definition of "Could Be Used to Lift"
Pipeline and Hazardous Materials Safety Administration · Feb 14, 1997 · Reference No. 97-0239
Interprets: 49 CFR § 173.410(b)
Reggie’s quick take
A federal agency was asked what "could be used to lift" means in 49 CFR 173.410(b), which covers lifting parts on packagings. The asker was a packaging user, and the question involved several packagings used by the Department of Energy. The agency's answer is that the phrase covers only structural parts that could reasonably be seen as a means to lift the packaging. Under that reading, the structural parts shown in the request, such as the center channel on the lid of the ST-5, are not subject to § 173.410(b).
Written by AI (Claude) on Oct 22, 2026. Robots make mistakes and leave things out, so the letter below is what counts. Not legal advice.
This is in response to your letter regarding the requirements of 49 CFR 173.410(b). Specifically, you ask for our Office's opinion of the intent of the phrase "... which could be used to lift the package must be capable of being rendered inoperable for lifting the package during transport or must be designed with strength equivalent to that required for lifting attachments" with regard to several packagings that are used by the Department of Energy. I apologize for the delay in responding and hope it has not caused any inconvenience.
It is the opinion of this Office that the phrase "could be used to life" includes only those structural parts of a packaging that could reasonably be considered as a means to lift the packaging. We do not believe that the structural parts of the packagings that were shown in your letter (e.g., the single channel to the center of the lid of the ST-5) could be used to lift the packagings. Therefore, those structural parts of the packaging are not subject to § 173.410(b).
A letter of interpretation applies the regulations to the facts the requester described. It isn’t a regulation and isn’t legal advice. The agency’s copy.