What 173.35(a) means in plain language
FMCSR 173.35(a) covers the specific requirements for how intermediate bulk containers (IBCs) must be prepared, maintained, and handled during transport. Intermediate bulk containers are the medium-sized rigid or flexible vessels—typically holding between 119 and 793 gallons—that sit between small portable tanks and large cargo tanks in the hazmat transportation hierarchy.
This regulation ensures that IBCs meet structural, marking, and operational standards before and during shipment. If you're hauling hazmat in intermediate bulk containers, the DOT inspector is checking that the container itself is fit for the job: the right type for the material inside, properly closed, free of damage that could cause a spill, and labeled so inspectors and emergency responders know what's in it.
Violations here mean the IBC itself—not your truck's brakes or lights, but the actual container—failed to meet DOT specifications for that specific load.
What our enforcement data actually shows
Across our 13 million+ inspection records, 173.35(a) has been cited only 5 times in the entire dataset. None of those 5 citations resulted in an out-of-service order—the OOS rate stands at 0.0%, well below the all-FMCSR average of 31.4%.
More telling: there have been zero citations in the last 12 months and zero in the last 90 days. This code ranks #2406 out of 3,036 FMCSR violations by citation volume, placing it among the least-cited hazmat regulations in the DOT inspection universe.
What this means for you: if you've just received a 173.35(a) citation, you're in extremely rare company. Inspectors rarely write this code, which suggests either that most carriers comply with IBC requirements, or that when IBC problems are found, inspectors typically cite related hazmat codes instead. Either way, the low enforcement volume does not diminish the seriousness of the requirement—it simply reflects how seldom this particular rule surfaces at roadside.
Who gets cited most
Our data shows only five citations on record for this code, distributed across four carriers: EAGLE TECH LLC (USDOT 2139511) with 2 citations, and E C M TRANSPORT LLC (USDOT 317494), RHENIUM LUBRICANTS AND SPECIALITY CHEMICALS LLC (USDOT 3192600), and S RUMI ENTERPRISES LLC (USDOT 3477805) each with 1 citation. The volume is too small to identify meaningful state or regional patterns.
The single vehicle make cited was a Ford, though this represents one isolated instance and carries no predictive weight given the overall citation count.
How severe is this compared to similar codes
In the hazardous materials category, 173.35(a) sits in a distinct enforcement tier. The most-cited peer codes in hazmat transport are far more common: the general loading and unloading violations (177.834A and 177.834(a)) have logged 3,954 and 3,839 citations respectively, with OOS rates of 99.2% and 97.9%. Placarding violations (177.817(a)) hit 2,274 citations with a 75.1% OOS rate.
By contrast, 173.35(a)'s 5 citations and 0.0% OOS rate reflect either exceptional compliance in IBC handling or a regulatory enforcement focus on other hazmat containers and procedures. Some peer codes, like 172.602(c)(1) (Emergency Response information maintenance), also show 0.0% OOS rates across higher citation volumes, suggesting that certain hazmat violations are treated as correctable defects rather than immediate safety threats.
How to avoid it
Before you load:
- Inspect the intermediate bulk container itself for cracks, leaks, loose fittings, or dents that could compromise containment. A damaged IBC is a 173.35(a) violation waiting to happen.
- Confirm the IBC is the approved type for your specific hazmat commodity. DOT assigns different IBC designs to different material classes; using the wrong container for your cargo violates this code.
- Verify all closures, caps, and seals are intact and functional. A loose or missing cap is a structural failure of the container system.
During pre-trip:
- Check that the IBC is properly closed and secured in your cargo area. An unsecured or partially open container is not compliant with IBC requirements.
- Confirm markings and labels on the container are visible and intact. While labeling is sometimes cited under separate codes, a well-maintained container exterior supports overall compliance.
- If you're a fleet safety manager, ensure your drivers understand that IBC integrity is part of their pre-trip checklist. A container that passes a visual inspection before loading is one that will pass a DOT roadside inspection.
The rarity of this citation suggests that most drivers and carriers who handle intermediate bulk containers are getting it right. Stay in that group by treating the container itself—not just the truck—as part of your hazmat security system.