# Newell Rubbermaid (Division of Sanford LLP) — Hazardous Materials Safety Interpretation

**Citation:** 12-0204  
**Type / status:** guidance / guidance  
**Agency:** Pipeline and Hazardous Materials Safety Administration  
**Effective:** Not stated  
**Published:** 2013-01-31

12-0204 response to Newell Rubbermaid (Division of Sanford LLP) concerning 173.28.

## Document text

<<<PAGE 1>>>

U.S. Department
of Transportation
Pipeline and Hazardous
Materials Safety
Administration
1200 New Jersey Avenue, SE
Washington, D.C. 20590
JAN 3 1 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 prm isions under the Hazardous
Materials Regulations (HMR; 49 CFR Parts 1 71-180). In your incoming letter, you describe
the following scenario:
Steel UN lA 1 reconditioned drums are received by production staff from an outside
drum vendor. These drums are accompc.nied by required shipping papers.
Hazardous material is then filled into each 55-rrallon 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 tor reuse.
You ask if these steel UN 1 A 1 reconditioned drums are 2uthorized fol' reuse without being
leakproofness tested with air as specified in§ 178.604?
Notwithstanding the provisions of§ 173 .28(b )(2), a p<!ckaging otherwise authorized for
reuse may be reused without being leakproofness tested 'Nith air provided the packaging: ( 1)
. is refilled with a material that is compatible with the previous h.tding; (2) is refilled and
ofTered for transportation by the original filler; (3) is t,mnsported 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 methoos described m § 1 73 .28(b )(7)(iv). Based
on your letter and telephone conversation, your shipmem is refilled and offered for
transportation and transported in a transport vehicle under exclusive use ofthe refiller of the
packaging. These steel TJN 1A1 reconditioned d.m,!:;: ~1re atithorized for reuse without being
--
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---~---~--·-·-.. .
.. ----·-·---·~~-

<<<PAGE 2>>>

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,
;(~Z.!J.e-
Robeli Benedict
Chief~ Standards Development
Standards and Rulemaking Division

<<<PAGE 3>>>

13co+h~
sll3 . ..28
·~t:LLSe
12 - 02-bJ./
September 9, 2012
United States Department of Transportation
1200 New Jersey Avenue, SE
Washington, DC
20590
RE: Letter of Interpretation for 49 CFR 173.28(b){7), 173.28(b)(7)(iii) and 173.28(b)(7}(iv)(C)
Dear sir or madam,
We do hereby request a Letter of Interpretation for the following production scenario:
Reconditioned drums are received by production staff from an outside drum vendor. The drums are
accompanied by required certifying documentation. Finished product is filled into each 55-gallon steel
UN1A1 DOT reconditioned drum. The drummed hazardous material products are shipped via a
commercial carrier configured as a dedicated load to an internal downstream plant 3 Yz hours away. The
hazardous material is then utilized at the internal plant and the drums are emptied, leaving miniscule
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. Once reused, the drums are sent back once again to the original filler under the same
DOT empty drum exemption.
The question, are these steel drums otherwise authorized for reuse without being leakproofness tested
with air as specified in 49 CFR 178.604?
An expeditious response is greatly appreciated.
Regards,
Chip Robison- Environmental Engineer
Newell Rubbermaid Division of Sanford LP
831 Volunteer Parkway
Manchester, TN 37355

## Provenance

- Official: Yes
- Source: <https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120204.pdf>
- Source ID: `phmsa`
- SHA-256: `64dd96ff90e7948938ecb925f343afa86592c370f089b4e2a7ca5cc7b9c23abf`
- Retrieved: 2026-08-20T00:59:31.977Z
- Exported: 2026-08-23T16:37:52.024Z
- Document slug: `phmsa-interpretation-12-0204`

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