Interpretation Response #11-0073

Interpretation Response Details

August 22, 2011

Mr. Bill Murphy
Supply Chain Specialist
International Titanium Powder
940 South Frontage Road
Suite 2000
Woodridge, IL 60517

Ref. No. 11-0073

Dear Mr. Murphy:

This responds to your March 17, 2011 email and subsequent telephone conversation with a member of my staff requesting clarification of the packaging reuse provisions of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). As indicated in your letter, you manufacture a titanium metal powder, which you class and described for transportation as "UN 3089, Metal powders, flammable, n.o.s., 4.1, PG II." The powder is transported in UN1A2 reconditioned steel drums designed to contain solids. The powder is placed in a low-density polyethylene (LDPE) liner with an inert gas, sealed, and placed inside the steel drum for transportation. The combination package is transported to an outside entity for processing. The outside entity unpacks the material, processes the powder, then repackages the material in the same drum and in the same manner as when it was originally packaged, except the outside entity uses a new LDPE liner. Specifically, you ask if the steel drum is required to be leakproofness tested prior to reuse in accordance with § 173.28.

The answer is no. Leakproofness testing in § 173.28 applies to a package originally required to be leakproofness tested. Generally, this is a package intended to contain liquids. Your drum is not subject to leakproofness testing under § 173.28 because it is used for solids and the design was not originally required to be leakproofness tested.

I hope this answers your inquiry. If you need additional assistance, please contact this office
at 202-366-8553.

Sincerely,

Ben Supko
Chief, Standards Development
Standards and Regulations Division

173.28

Regulation Sections