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: 01/01/2001

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.
Sincerely,

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

173.28

Regulation Sections