Interpretation Response #98-0130 ([Allied Universal Corp.] [Ms. Robin J. Eddy])

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

Interpretation Response Details

Response Publish Date: 10/01/1998

Company Name: Allied Universal Corp.

Individual Name: Ms. Robin J. Eddy

Location State: FL Country: US

View the Interpretation Document

Response text:

OCT 1, 1998

Ms. Robin J. Eddy                              98-0130
Training and Regulatory Compliance
Manager
Allied Universal Corp.
8350 N.W. 93 street
Miami, Florida 33166-2098

Dear Ms. Eddy:

This is in response to your June 9, 1998 letter concerning the reuse of one gallon UN 1H1 plastic drums or non-specification bottles as inner receptacles of combination packages, under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and DOT-E 6614. Your questions are paraphrased and answered as follows:

Q1. Are we permitted to reuse UN 1H1 plastic drums if they are placed inside a UN standard fiberboard box as a combination package, under the provisions of § 173.287

A1. Yes, under 'certain conditions. For example, §§ 173.202 and 173.203 authorize the use of inner plastic receptacles and an outer UN 4G fiberboard box as a combination packaging meeting a packing group II or III level respectively. Inner receptacles of a combination packaging need only conform to the general requirements of §§ 173.24 and 173.24a. If UN 1H1 plastic drums are used as the inner receptacles, the drums are not sUbject to the reconditioning, leakproofness testing, and marking requirements in § 173.28(b) and (c).

Because the UN 1H1 drums were not requalified in accordance with § 173.28 prior to reuse, they may not be returned as a single packaging. Therefore, the emptied drums being returned to your facility must be packaged as inner receptacles of an authorized combination packaging as when they previously contained a greater quantity of hazardous material. (See § 173.29) incompatible residue, rupture, or other damage which reduces their structural integrity;

(2) Reconditioned in accordance with § 173.28(c);

(3) Marked, in a permanent manner, with the minimum thickness in millimeters of the packaging material as required by § 178.503(a) (9) and conform to the minimum thickness criteria based on the capacity of the drums, as listed in
§ 173. 28 (b) (4) (i); and

(4) If intended to contain liquids, subjected to a leakproofness test prescribed in § 178.604, and the retest and marking requirements prescribed in § 173.28(b) (2), unless excepted under the exclusive use provisions of § 173.28(b) (7).
Q2. Our company transports the packages to retailers who, in turn, sell them to their customers. When the plastic drums are emptied, the customers return the drums to the retail facility where they are picked up by our company. Do we qualify for exclusive use relief under § 173.28(b) (7) (iii) and, therefore, not subject to leakproofness testing and marking?

A2. "Exclusive use of the refiller" as referenced in §173.28(b) (7) (iii), or dedicated service, means the original filler and the end user who returns the drum for refilling are sole participants in the transportation cycle and, therefore, control the loading, unloading, and handling of the drums. The scenario you described does not satisfy this condition.
Q3. Are exemption holders authorized to reuse the polyethylene bottles under the provisions of DOT-E 6614?

A3. Yes. The polyethylene bottles authorized under DOT-E 6614 are non-specification, inner receptacles that are packed in an outer polyethylene crate. Reuse requirements prescribed in § 173.28 apply to specification packagings only. DOT-E 6614 does not address the reuse of the inner bottles. Therefore, the non-specification inner packagings may be reused as discussed under A1 above.

I hope this satisfies your request. Please contact this office if you need additional information.

Sincerely,

Hattie L. Mitchell, Chief
Regulatory Review and Reinvention
Office of Hazardous Materials Standards

173.28

Regulation Sections