{"operation":"document","citation":"00-0227","title":"Diversey Lever — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2001-01-01","effective_on":null,"summary":"00-0227 response to Diversey Lever concerning 173.28.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0227.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0227.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0227","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2000/000227.pdf","body":"<<<PAGE 1>>>\n\nS. Departmen\n400 Seventh Street, S.W.\nf Transportatio\nWashington, D.C. 20590\nJAN 17 2001\nMr. Robert Budzn\nRef. No. 00-0227\nCoordinator Regulatory Affairs\nDiversey Lever\n3630 E. Kemper Road\nCincinnati, OH 45241\nDear Mr. Budzn:\nThis is in response to your August 11, 2000, letter regarding\nclarification of the provisions in S$ 173.28 and 173.29 of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) .\nYour questions are paraphrased and answered as follows:\nQ1:\nMust the minimum thickness be marked on a drum each time\nit is reused even if the manufacturer has already marked\nthe drum with the minimum thickness at the time of\nmanufacture.\nA1: The answer is no. To reuse a metal or plastic drum used\nas single packaging or as an outer packaging of a\npermanent manner with the nominal or minimum thickness of\ncomposite packaging, the drum must be marked in a\nthe packaging material (§ 173.28 (b) (4)). A packaging not\nmarked at the time of manufacture with the nominal or\nminimum thickness may be permanently marked at a later\ndate by the reuser or reconditioner provided the\nintegrity of the container is not degraded and the\npackaging was initially intended to be reused.\n02:\nHow is the term \"exclusive use of the refiller\" defined\nwith respect to S\n173.28 (b) (7) (iii)?\nA2:\n\"Exclusive use of the refiller\" as referenced in\n§ 173.28 (b) (7) (iii) means the transport vehicle may not\ncarry materials\nshipped by any person other than the\nrefiller of the drums.\nQ3:\nWhat is required to confirm that a contracted carrier is\noperating under\n• \"exclusive use\" as specified in\n§ 173.28 (b) (7) (iii).\n17328\n000227\n\n<<<PAGE 2>>>\n\nA3:\nThere are no specific requirements under the HMR to\nconfirm that a contracted carrier is operating under\n\"exclusive use.\"\n04: Are labels required on drums that contain only the\nresidue of a hazardous material?\nA4:\nThe answer is yes.\nSection 173.29 (a) requires an empty\npackaging that contains only the residue of a hazardous\nmaterial to be transported in the same manner as when it\npreviously contained a greater quantity of that hazardous\nmaterial.\nI hope this satisfies your request.\nSuhan 18 f\nChief,\nStandards Development\nOffice of Hazardous Materials\nStandards\n\n<<<PAGE 3>>>\n\nBAH\nDiverseyLever\n1& / Reglonal luchnical Center Nonh Anterica\n3630 East Kemper Hoad\nTel (519)3362564 Fax (513) 256259/\nReuse of Packagings\nAugust 11, 2000\n00-0227\nDirccior of Hazardous Material Standards\nMr. Edward Mazzullo\nFAX. #1-202-366-3012\nU.S. D.O.T.\nHot line # 1-800-467-4922\nMr. Mazzallo,\nIn sporking with Mir. Michael Steven of the Tot line response group a nunher of qucstions wero asked of\nLie questions had responses as anticipated, others, specifically 173.28 (7)(ili), questions needed additional\nthe DOT related to scctions 173.28 and 173.29 of the 49 CMR as related to recycling of packaging. Some of\nfeedback and duc to that, Mr. Steven indicated a letler should be submitted to you for a formal written reply\nlo addross the questions asked and are as follows.\n/ low is \"dedicated\" and \"Exclaive use\" define with respect to the exemption of not having lo do thi\n: 2. Whal should label status be on the empty containers?\nleakproof testing if recycling?\nv3,If a contracted transport carrier complios to dedicaled, what is necded to confirm this?\nA.Il a contract carrier picks up material other than the contracted (rcyclc) matcrial, who becamcs liable lor\n05. Are their alteralives lo stamping the current wall thickness into the packaging?\nthe violation?\nProduct would be manufactured at company site.\nThese would be flic possible given paramciers.\nProduct is sont from company manufacturing site either by a- company vehicic or by b- conmon carricr lo\nUN certificd prodnet package is used.\ncompany distribution center.\nmy conners are roland to company distibution conter on company owned vehicle from customer\nroduct is sent from company distribution conter to customer on conpany owned vehicle:\n1- by company owned chicle or b- a contracied (dedicated) transport carrier\nclur of empries to manufacturing site from company distribution center is possibly done in two manners\nProduct rofilled is same or similar product (ic. Soap/Detergenl).\nOnce returned, container is cleaned.\nResond out is in beginning.","truncated":false,"body_characters":4258}