{"operation":"document","citation":"03-0136","title":"CERAC Incorporated — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-09-12","effective_on":null,"summary":"03-0136 response to CERAC Incorporated concerning 173.28.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0136.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0136.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0136","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030136.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nesearch anc\nf Transportatio\nWashington, D.G. 20590\n400 Seventh St., S.W.\npeciai Program\ndministratior\nSEP 12 2003\nMs. Candace Graf\nRef. No.: 03-0136\nLogistics Specialist\nCERAC Incorporated\n407 N. 13'h Street\nMilwaukee, WI 53233\nDear Ms. Graf:\nThis responds to your letter regarding requirements for reuse of packagings under the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180). You asked if packagings may be reused for a\nmaterial described as \"Titanium tetrachloride, 8, UN 1838, PG II, Poison Inhalation Hazard, Hazard\nZone B.\" Subsequently, you provided information on the inner and outer packagings you intend using\nto ship this product.\nIn accordance with 49 CPR. 173.28, except for a packaging made of paper, plastic film, or textile, a\npackaging, such as a UN 1A1 or UN 1A2 steel drum, may be reused as long as it is in such condition\nthat it conforms in all respects to the prescribed requirements under the HMR. Metal drums used as\nsingle packagings or outer packagings of composite packagings are authorized for reuse only when they\nare marked with a minimum thickness in millimeters in a permanent manner (e.g., embossed).\nPackagings which are subject to the leakproofness test of 49 CFR 178.604 must be leakproofness\ntested prior to each reuse, unless otherwise excepted (see 49 CFR 173.28(b)(7)).\nThe pictures you provided are unclear. The \"inner packaging\" is marked both with what appears to be\na foreign manufacturer's mark and a USA mark, \"1A1/X/1.8/1240/03 USA M5142,\" and the test\npressure is not shown in kilopascals. The letters \"USA\" may only be applied to a packaging that is\nmanufactured in the U.S. We consider a packaging marked in the U.S. as having been manufactured\nand marked in the U.S. and suitable for bearing the \"USA\" symbol. For single packagings intended to\ncontain liquids, the test pressure must be shown in kilopascals rounded down to the nearest 10 kPa of\nthe hydrostatic pressure test that the packaging design type has successfully passed. (see 49 CFR\n178.503)\nA packaging manufacturer conducts periodic retests as a quality control measure for newly\nmanufactured packagings. During subsequent production of packagings of that design, periodic retests\nmust be performed at least once every 12 months for single or composite packagings. A test report\nmust be completed for each packaging design qualification test and each periodic retest. The\nrequirements in 49 CFR 178.601(I) set forth the information that must be included in each test report.\n113.28\n030136\n\n<<<PAGE 2>>>\n\nA material described as \"Titanium tetrachloride, 8, UN 1838, PG II, Poison Inhalation Hazard, Hazard\nZone B,\" must be packaged in accordance with §173.227. Paragraph (c) of that section authorizes the\nuse of certain single packages (UN 1A2, IB1, IN1, and 6HA1, which may be used without being\nfurther packed in a UN 1A2 or 1F2 drum) that conform to the performance test requirements of\nsubpart M of Part 178 at the Packing Group I performance level, and that:\n(1)\ncomply with the applicable requirements of paragraph (b) of 173.227 (e.g., minimum\nthickness of a 1A1 steel drum with a capacity of greater than 30 L but less than or\nequal to 120 L is 1.08mm);\n(2)\nare loaded by the shipper - without double stacking the drums - and blocked and\nbraced within the transport vehicle and sealed in the transport vehicle; and\n(3)\nare shipped from one origin to one destination only without any intermediate pickup or\ndelivery.\nFor materials poisonous by inhalation, a single or composite packaging authorized in 49 CFR 173.227\nfurther packed in a \"UN 1A2 of 1I2\" drum is not considered an \"overpack.\" An overpack as defined\nin 49 CFR 171.8 means an enclosure that is used by a single consignor to provide protection or\nconvenience in handling a package or to consolidate two or more packages.\nI hope this satisfies your inquiry. If we can be of further assistance, please contact us.\nSincerely,\nSusan\nSenior Transportation Regulations Specialist\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\n407 N. 134* Street, Milwaukee, WI 53233\nReuse Packagings\nOffice of Hazardous Materials Standards, RSPA\n03-0136\nAttn: DHM-10, U.S. Department of Transportation\n400 7* Street SW.,\nWashington, DC 20590-001\nWe are looking to ship Titanium Tetrachloride, a Poison Inhalation Hazard, Hazard Zone B, to\na customer in California. The customer would like us to use the combination package mentioned in\n173.227(b), essentially the drum within a drum provision.\nThe inner packaging will be the drum (picture provided) marked IA1/X1.8/1240/03 USA\nM5142 provided to us from our customer and the outer \"overpack\" drum would be purchased from\nSkolnik (picture also provided). While I believe this is acceptable per the regulations, they would like\nus to continue to reuse these two drums over and over for their shipments. We typically use the\ncustomer's common carrier, Roadway, and it is not exclusive use. My question is, does the inner drum\nwhich will actually contain the liquid have to be re-tested without failure in accordance with 178.604\nfor the leakproofness test and be marked with the letter \"L\" each time before we wish to refill it? If we\ndecide to go exclusive use, does that mean we do not have to re-test the leakproofiness test every time\nbefore re-filling?\nCan we use the overpack drum be used continuously without being re-tested every shipment?\nDo these drums need to re-tested every year because they are considered a single package or every two\nyears because they are considered a combination package? As the shipper, is this! our responsibility to\nhave these tests done each time on the inner drum or the customers? Can we have the customer be\nresponsible for the testing and have them provide documentation to us each time? Does the overpack\ndrum still require the \"Inner packages comply\" marking even though the outside package is rated?\nThank you for your attention to the above points as we would like to make sure all regulations\nhave been covered in this situation before we start shipping in this manner.\nSincerely,\nsandua Sty\nCandice Graf\nLogistics Specialist","truncated":false,"body_characters":6131}