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Interpretation Response #12-0204 ([Newell Rubbermaid (Division of Sanford LLP)] [Mr. Chip Robison])

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

Interpretation Response Details

Response Publish Date:

Company Name: Newell Rubbermaid (Division of Sanford LLP)

Individual Name: Mr. Chip Robison

Location State: TN Country: US

View the Interpretation Document

Response text:

January 31, 2013

Mr. Chip Robison
Environmental Engineer
Newell Rubbermaid (Division of Sanford LLP)
831 Volunteer Parkway
Manchester, TN   37355

Ref. No. 12-0204

Dear Mr. Robison:

This responds to your September 9, 2012 request for clarification and telephone conversation with a member of our staff on package reuse provisions under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  In your incoming letter, you describe the following scenario:

Steel UN 1A1 reconditioned drums are received by production staff from an outside drum vendor.  These drums are accompanied by required shipping papers.  Hazardous material is then filled into each 55-gallon reconditioned drum. The filled drums hazardous material products are shipped via a commercial carrier as a dedicated load to an internal downstream plant. The hazardous material is then utilized at the internal plant and the drums are emptied, leaving small amounts of residue in each. The drums are then sent back to the original filler, where the intention is to refill the drums with the same hazardous material (finished product) and ship again to the same internal plant for reuse.    

You ask if these steel UN 1A1 reconditioned drums are authorized for reuse without being leakproofness tested with air as specified in § 178.604?

Notwithstanding the provisions of § 173.28(b)(2), a packaging otherwise authorized for  reuse may be reused without being leakproofness tested with air provided the packaging: (1) is refilled with a material that is compatible with the previous lading; (2) is refilled and offered for transportation by the original filler; (3) is transported in a transport vehicle or freight container under the exclusive use of the refiller of the packaging; and (4) is constructed in accordance with one of the methods described in § 173.28(b)(7)(iv).  Based on your letter and telephone conversation, your shipment is refilled and offered for transportation and transported in a transport vehicle under exclusive use of the refiller of the packaging. These steel UN 1A1 reconditioned drums are authorized for reuse without being leakproofness tested with air, as specified in § 178.604, only if they are constructed of stainless steel meeting the requirements of § 173.28(b)(7)(iv)(A) and meet all other applicable requirements of § 173.28.

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

Sincerely,

Robert Benedict
Chief, Standards Development
Standards and Rulemaking Division

173.28

Regulation Sections

Section Subject
173.28 Reuse, reconditioning and remanufacture of packagings