USA Banner

Official US Government Icon

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Site Icon

Secure .gov websites use HTTPS
A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #00-0227 ([Diversey Lever] [Mr. Robert Budzn])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: Diversey Lever

Individual Name: Mr. Robert Budzn

Location State: OH Country: US

View the Interpretation Document

Response text:

January 1, 2001


Mr. Robert Budzn                  Ref. No. 00-0227
Coordinator Regulatory Affairs
Diversey Lever
3630 E. Kemper Road
Cincinnati, OH 45241

Dear Mr. Budzn:

This is in response to your August 11, 2000, letter regarding clarification of the provisions in §§ 173.28 and 173.29 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  Your questions are paraphrased and answered as follows:

Ql:        Must the minimum thickness be marked on a drum each time it is reused even if the manufacturer has already marked the drum with the minimum thickness at the time of manufacture.

Al:        The answer is no.  To reuse a metal or plastic drum used as single packaging or as an outer packaging of a composite packaging, the drum must be marked in a permanent manner with the nominal or minimum thickness of the packaging material (§ 173.28(b)(4)). A packaging not marked at the time of manufacture with the nominal or minimum thickness may be permanently marked at a later date by the reuser or reconditioner provided the integrity of the container is not degraded and the packaging was initially intended to be reused.

Q2:      How is the term “exclusive use of the refiller” defined with respect to § 173.28(b)(7)(iii)?

A2:       “Exclusive use of the refiller” as referenced in § 173.28(b)(7)(iii) means the transport vehicle may not carry materials shipped by any person other than the refiller of the drums.

Q3:      What is required to confirm that a contracted carrier is operating under "exclusive use' as specified in 173.28(b)(7)(iii).

A3:       There are no specific requirements under the HMR to confirm that a contracted carrier is operating under “exclusive use.”

Q4:      Are labels required on drums that contain only the residue of a hazardous material?

A4:       The answer is yes.  Section 173.29(a) requires an empty packaging that contains only the residue of a hazardous material to be transported in the same manner as when it previously contained a greater quantity of that hazardous material.

I hope this satisfies your request.

Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials Standards



Regulation Sections

Section Subject
173.28 Reuse, reconditioning and remanufacture of packagings