Interpretation Response #17-0031
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
July 31, 2017
Mr. Daniel Stoehr
Daniels Training Services, Inc.
P.O. Box 1232
Freepoint, IL 61032
Reference No. 17-0031
Dear Mr. Stoehr:
This letter is in response to your March 10, 2017, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to plastic non-bulk packagings. You note that the International Air Transport Association's (IATA) Dangerous Goods Regulations (DGR) and the International Maritime Organization's (IMO) International Maritime Dangerous Goods (IMDG) Code specify that a plastic drum (1H) or jerrican (3H) is limited to a period of use of no more than 5 years from its date of manufacture. You ask whether the HMR similarly limit the use of these packagings to 5 years from the date of manufacture.
The answer is no. Unless otherwise approved by an appropriate national authority, International Civil Aviation Organization's (ICAO) Technical Instructions (TI) for the Safe Transport of Dangerous Goods by Air (see 4; 1.1.20) and the IMDG Code (see 22.214.171.124) limit all use of these packagings to within 5 years of the date of manufacture. However, as the competent authority of the United States (i.e., the national authority), the HMR do not impose a similar limitation on the use (initial or continued) of a packaging based on its date of manufacture. The HMR authorize use of a packaging beyond a 5-year service life. Regardless of timeframe, the reuse and reconditioning of these packagings are subject to conditions in § 173.28.
While your question references IATA's DGR, the DGR do not have official standing under the HMR, thus our reference to the ICAO TI.
I hope this information is helpful. Please contact us if we can be of further assistance.
Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division
|§ 173.28||Reuse, reconditioning and remanufacture of packagings|