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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #98-0514 ([North American Transportation Consultants, Inc.] [Mr. J. P. Gibbons])

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

Interpretation Response Details

Response Publish Date:

Company Name: North American Transportation Consultants, Inc.

Individual Name: Mr. J. P. Gibbons

Location State: NJ Country: US

View the Interpretation Document

Response text:

MAY 4, 1998


Mr. J. P. Gibbons, President                         98-0514
North American Transportation
Consultants, Inc.
P.O. Box 1404
Hightstown, NJ 08520

Dear Mr. Gibbons:

The reuse provisions in § 173.28 require that all packagings and receptacles used more than on, be in such condition that they conform in all respects to the HMR. The exception under § 1 73.28(b)(7) authorizes reuse of a packaging without leakproof ness testing provided the packaging is:

(1) refilled with a material which is compatible with the previous lading;
(2) refilled and offered for transportation by the original filler;
(3) transported in a transport vehicle or freight container under the exclusive use of the refiller of the packaging; and
(4) constructed of stainless steel, monel or nickel with a thickness not less than 1 ½ times the minimum thickness prescribed by § 173.28(b)(4); plastic provided the packaging is not refilled for reuse on a date more than five years from the date of manufacture marked on the packaging; or other packagings as approved by the Associate Administrator for Hazardous Materials Safety.

This is in response to your letter and subsequent telephone calls regarding a regulatory exception addressing the reuse of UN certified drums without leakproof ness testing under the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180). Specifically you ask for a clarification of § 173.28 (b)(7)(iii).

The exception is intended to apply only to a drum which is in dedicated service and the drum may only be transported in a transport vehicle that does not contain any material offered by anyone other than the filler of the drums. "Exclusive use of the refiller" as referenced in § 178.28(b )(7)(iii), or dedicated service means only the original filler may refill a drum before offering it for transportation to an end user who then returns the drum for refilling. The intent is to limit the loading, unloading and handling of the drums. In addition, the transport vehicle may not contain any material offered by anyone other than the filler of the drums.

The following scenario would qualify for the leakproofness test exception:

Drums are filled by the original filler and offered for transportation directly to an end user. The " end user returns the drums to the original filler. This scenario illustrates a distribution chain without any other shipper or filler.

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



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

Regulation Sections

Section Subject
173.28 Reuse, reconditioning and remanufacture of packagings