Interpretation Response #16-0021
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
August 1, 2016
Mr. David Weisbrich
10851 Louisiana Avenue South
Bloomington, MN 55438
Ref. No.: 16-0021
Dear Mr. Weisbrich
This responds to your email dated January 25, 2016 requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) on the use of plastic drums that are more than five years old (as determined from the date of manufacture). In your email you state that for air transport plastic packagings older than five years must be approved by the appropriate national authority.
Plastics packagings, provided they show no reduction in integrity, are eligible for reuse at a date that is five years past their date of manufacture provided they are subjected to the leakproofness test prescribed in §178.604. As provided in §173.28(b)(7)(iv)(B), after five years from the date of manufacture, a plastics packaging otherwise authorized for reuse may continue to be used only if it is leakproofness tested prior to each reuse. Unless otherwise approved by the appropriate national authority, plastic drums and jerricans, rigid plastics intermediate bulk containers (IBC) and IBCs with plastics inner packaging older than five years may not be used in accordance with the UN Model Regulations (see 184.108.40.206), the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (4; 1.1.20) of the International Maritime Dangerous Goods Code (see 220.127.116.11).
For the purposes of international transport of hazardous materials in a package older than five years, compliance with the leakproofness test requirement in §178.604 before reuse constitutes approval from the appropriate national authority. A Competent Authority Approval means an approval by the competent authority that is required under an international standard (for example, the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Maritime Dangerous Goods Code).
A specific regulation in the HMR may be considered a competent authority approval (see § 107.1).
I hope this answers your inquiry. If you need additional assistance, please contact the Standards and Rulemaking Division at (202) 366-8553.
Duane A. Pfund
International Standards Coordinator
Standards and Rulemaking Division
178.604, 173.28(b)(7)(iv)(B), 107.1
|§ 178.604||Leakproofness test|